Deaths of Children in State Care Raises Legal Negligence Questions

by | Jun 20, 2010

There have been many stories over the past few weeks in Irish newspapers about the deaths of children in state care.

The stories have been confusing, not least by the fact that factual information was simply not available when the story broke.  The Sunday Business Post was the first newspaper to focus on the story and produced estimates of as high as 200 deaths over the past 10 years. These numbers are based on extrapolating recent confirmed figures.  After multiple efforts to produce accurate information, the government finally released a figure of 188 deaths.

Opposition politicians have repeatedly used the word ‘negligence’ and Eamon Gilmore has blamed the “dysfunctionality in the HSE”.  The current budget for child and family services is €536 million, which is clearly a huge sum of money and points to management problems rather than lack of resources.  Indeed, the government has announced a new senior position within the HSE to help prioritise spending.

Did the authorities, especially the HSE,  have a duty of care for children that are placed in their care?

Clearly the answer is yes.

Is the HSE responsible for all of these deaths?

Certainly not.  Many of the teenagers were clearly troubled and short of placing them in prison, there was very little the state could do to prevent them from leaving their state-provided homes.

Is the HSE responsible for some of these deaths?

The Minister for Health Mary Harney clearly blames the HSE. The minister has recently written to the Board of the HSE to point out that the HSE is in breach of numerous statutory duties in relation to foster care services.  A copy of this letter would be very useful evidence in an case brought against the HSE.  At the very least, there’s probably a lot of cases where the HSE is guilty of contributory negligence.

The report of the Commission to Inquire into Child Abuse, known as the Ryan report, has already identified all the key measures required to reduce or prevent child abuse and neglect. The measured outlined by Justice Seán Ryan include providing a uniform approach to dealing with child protection; greater emphasis on preventive measures and family support; and ensuring all children in care are assigned a social worker and personalised care plan.

Do you or a family member have a negligence claim against the HSE?

Every single case will be different. The only way to determine if you have a case is to talk to a solicitor.

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