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Process of the public inquiry into the 'Grace' case condemned by new report

Inclusion Ireland is calling for a complete overhaul of how Ireland designs and delivers public inquiries involving disabled people.

A NEW REPORT has condemned the process of the Farrelly Commission, which produced a report into the case of ‘Grace’, a young woman with profound intellectual disabilities who was left in a foster home in the Waterford area for almost 20 years, despite a succession of sexual and physical abuse allegations.

The Farrelly Commission released its report in April of this year after it began its inquiry in 2017. The report did not provide answers to the most prevalent questions, which were regarding the reason Grace had been left in the care of the home despite the allegations, and who made that decision. 

Grace was 17 years old when she first received a visit from a social worker. She was not removed from the home until she was 31. She is now 46 years old. 

The Farrelly Commission’s final report did not find that Grace suffered either physical or sexual abuse, but found that she did experience neglect. The report was criticised as having provided “no answers” by a number of politicians. 

Today, a new report from Inclusion Ireland has said the process of the Farrelly Commission was “largely inaccessible” and failed to uphold the rights of people to justice and participation. 

The process was described as “structurally resistant to inclusive practices”.

Inclusion Ireland’s report, titled ‘The Right to Justice and Participation: Lessons from the Farrelly Commission”, found that the process “effectively [excluded] nonspeaking people and people with intellectual disabilities”. 

According to the findings, the ‘Grace’ case report’s publication was particularly mishandled, with survivors and family members receiving no advance notice or briefings, which caused significant distress and undermined trust.

“In response to these systemic failures, Inclusion Ireland is calling for a complete overhaul of how Ireland designs and delivers public inquiries involving disabled people,” Inclusion Ireland stated.

Special Rapporteur on Child Protection Caoilfhionn Gallagher KC, who spoke out against the Farrelly Commission’s findings in April and called for an “inquiry into inquiry” as she slammed “failures” in the processes, welcomed the report today.

The solicitor for wards of court, who represented Grace at the Commission with a team of lawyers, had said that “extensive submissions” made on Grace’s behalf were not included in the final report.

“Today’s report is a call to action: change is needed urgently, and processes in future must be survivor-informed and truly inclusive,” Gallagher said.

Grace is happy and living a meaningful and fulfilled life, the solicitor for wards of court told Minister Norma Foley in April.

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