The legal official responsible for the affairs of the woman known as ‘Grace’, whose care was investigated by the Farrelly Commission of Investigation, has issued an unprecedented statement, claiming that extensive submissions made to the Commission by lawyers representing the woman, were not included or referred to in any way in the Commission’s final report.
‘Grace’ is the pseudonym of a woman now in her 40s who has been in the care of the State all her life. She has profound intellectual disabilities and is non-verbal.
The statement was issued via the Courts Service, by Marie Claire Butler, the General Solicitor for Minors and Wards of Court. In her position, Ms Butler was appointed by the High Court as Committee for Grace, who is a ward of court. The committee is responsible for a ward’s legal, personal and financial affairs.
Ms Butler said she was releasing the statement because she felt it was in the public interest and in the interests of Grace.
She said Grace was represented at the Commission by Senior Counsel, Junior Counsel and a solicitor.
Prior to the Commission’s final report, she said, this legal team made “considered and extensive submissions” to the Commission on behalf of Grace. Ms Butler said it appeared these submissions had not been included nor referred to in any way in the report.
She said she could not comment any further on the case due to the confidential nature of wardship but she said she was bringing the statement to the attention of the media as it was her belief it was in the public interest to do so.
There has been significant criticism of the €13m investigation into allegations that Grace was seriously abused while in foster care.
The Commission chaired by Senior Counsel, Marjorie Farrelly, found there was a fundamental failure on the part of the South Eastern Health Board and HSE in their duty of care to Grace.
It found evidence of serious neglect and financial mismanagement but did not find any evidence of sexual or emotional abuse.
The Commission which was set up in 2017, cost in the region of €13.6m. Its final report ran to almost 2,000 pages.
A planned second phase of the investigation involving the placement of 47 other children at the same foster home is not now going ahead.
