Vol. 392 No. 1
asked the Minister for Health the number of applications made by the Eastern Health Board from the beginning of 1985 to date for Fit Persons Order relating to (a) child sexual abuse or (b) on other grounds; the number of such applications in both categories (a) and (b) which were successful at (i) District Court stage and (ii) confirmed or overturned following appeal or judicial review procedures; and if he will make a statement on the matter.
308.
asked the Minister for Health the procedures which have been followed by the Eastern Health Board in dealing with complaints of child abuse of either (1) sexual or (2) other nature, from their becoming aware of such a complaint to the completion of Fit Persons proceedings; if there have been any recent changes in such procedures; if so, the nature of such changes; and if he will make a statement on the matter.
I propose to take Questions 307 and 308 together.
The number of Fit Person Orders granted to the Eastern Health Board in recent years is as follows:— 1985, 51; 1986, 112; 1987, 96; 1988, 81.
Details in respect of 1989 are not yet available.
During the period in question, one case was challenged by the parents to the Supreme Court and, as a result, three children were returned home. Apart from this case, there were no successful challenges against Fit Person Orders granted to the Board.
Information on the number of applications for Orders made by the Board and a breakdown between sexual and other forms of abuse is not available and could not be obtained without a detailed search through hundreds of files maintained by social workers in the ten community care areas of the board. In view of the severe pressure of work on social workers in these areas, this could not be justified as it would serve only to divert them from more urgent work, in particular the ongoing investigation and management of child abuse cases.
In dealing with alleged cases of child abuse, whether physical, sexual or otherwise, the Eastern Health Board, in common with the other health boards, acts in accordance with the standard guidelines issued by my Department on the investigation and management of child abuse. I am arranging to have a copy of the guidelines sent to the Deputy. In addition, the board has available to it professional advice of medical and social work personnel and of its legal advisers.
In the light of a judgment of the Supreme Court in July, 1989 in a case involving the Midland Health Board The State (D) v Groarke and Ors, all of the health boards have been advised to review their procedures for dealing with cases of alleged child abuse. I understand that the Eastern Health Board is in consultation with its legal advisers and that there are likely to be some changes in the manner in which evidence is prepared and presented in future court proceedings.
309.
asked the Minister for Health if his attention has been drawn to the recent Supreme Court ruling in a case (details supplied) which was critical of the procedures employed by the Midland Health Board when applying for Fit Persons proceedings as being in breach of natural justice; whether he has been appraised of the possible number of parents or guardians compromised by these procedures and who are likely to be affected by the consequences of this Supreme Court ruling; the number of such cases; and if he will make a statement on the matter.
I am aware of the judgment referred to by the Deputy.
For the benefit of the House, I might explain briefly that the judgment arose out of a case in which a child was placed in the care of the Midland Health Board under a Fit Person Order made by the District Court following allegations that she had been sexually abused by her father.
The parents took habeas corpus proceedings and in the Supreme Court it was held that the Fit Person Order was not safe because the pre-trial procedures and the trial itself had not been carried out in accordance with the required standards of natural justice. In particular, it was held that the District Court should have seen a video recording which had been made of an interview with the child and should have been given a demonstration of the use of anatomical dolls and an expert interpretation of the way they had been used by the child. In addition, the court held that the solicitor acting on behalf of the parents should have had in good time before the trial reports or summaries of the evidence to be given and an opportunity for him and for any medical witnesses he proposed to call to see the video recording.
I should emphasise that the judgment has terminated the operation of the Fit Person Order in this case only. It is not possible to say how many other Fit Person Orders, if any, might be similarly affected unless and until the Orders are appealed or otherwise challenged through the courts. I would have to say, however, that I do not accept suggestions that there is likely to be a flood of such cases.
In view of the implications of the judgment for other cases involving sexual abuse and for the conduct of child care proceedings generally, copies of the judgment have been circulated to each health board and the boards have been requested to consider, in consultation with their legal advisers, the need for changes in the way such proceedings are handled in the future.
