The commission of investigation into the Grace case – which inquired into allegations of serious abuse against a severely intellectually disabled young woman known as Grace – excluded those most affected by the issues it was investigating, states a report published on Monday.
It says non-verbal and intellectually disabled people and their advocates were neither involved in drawing up the terms of reference of the Farrelly commission nor in how its final report was written and published.
Conducted by Inclusion Ireland, the report, The right to justice and participation: lessons from the Farrelly Commission, says there is a “need for fundamental reform of Ireland’s public inquiry approach” particularly where abuse survivors and disabled people are directly affected.
[ The Irish Times view on the Farrelly commission reportOpens in new window ]
The eight-year commission of investigation, chaired by senior counsel Marjorie Farrelly, published its findings in April. It had looked into the care received by Grace over two decades in a “foster” home.
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The commission found no evidence to support allegations of serious sexual abuse but found she had experienced “serious neglect” and “financial mismanagement”.
It faced criticism about the report presentation – there was neither an index nor coherent pagination; the fact that participants, including families whose loved ones spent time in the same foster home, were not briefed in advance of its publication, while submissions made on Grace’s behalf by the solicitor general for wards of court were not referenced by the commission.
Inclusion Ireland’s report draws on expertise of 12 experts on disability, children’s and human rights for the “short, targeted qualitative survey to gather reflections from senior stakeholders” on the commission.
They say it was “largely inaccessible to those it was meant to serve ... with little evidence of survivor-centred or trauma-informed practice”.
The experts, including disability-rights campaigner Suzy Byrne and special rapporteur on child protection Caoilfhionn Gallagher KC, said the commission effectively excluded “people who are nonspeaking and people with intellectual disabilities” and noted “the absence of accessible communication supports, advocacy structures, and inclusive facilitation as critical failings that prevented meaningful engagement”.
Publication of the report was “mishandled, with little regard for the needs or experiences of survivors, families, or disabled people”.
One expert told the report authors: “None of those consulted were given advance notice or briefings, and no accessible formats – including Easy to Read or audio versions – were made available at the time of publication.”
While the commission’s final report marked an “important milestone”, says Inclusion Ireland, “its process and aftermath exposed enduring failures in access to justice, inclusive participation, and meaningful survivor recognition”, particularly for disabled people.
The report notes: “Despite the gravity of what was investigated, the process was not experienced as inclusive, empowering, or survivor-led.
“Participants were clear that future inquiries must break decisively from the past and in how they engage with those most affected.”
Among numerous recommendations, it calls for mandatory inclusion of disabled people, abuse survivors and their organisations and advocates in co-designing all future inquiries concerning such issues; all reports from such inquiries to be published in easy-to-read, plain English and audio formats alongside standard formats, and communication support professionals to be core to inquiries to ensure non-verbal and disabled people participate fully.
Both the Department of Children and the chair of the commission were contacted for comment.
