The High Court will rule at a later date if it will permit a GAA coach to bring proceedings aimed at quashing a finding by the Child and Family Agency he represents a risk to children.
The man, who cannot be identified for legal reasons, is challenging the finding made two years ago after an investigation into an allegation he sexually abused a girl when she was aged between six and 16.
The agency found the man is a risk to children and third parties should be informed of this. The man, who denies the claims, has appealed the agency’s finding.
He has been involved for some years in underage coaching of GAA players but has voluntarily agreed to stop coaching youngsters pending the outcome of his case.
The man claims the investigation process resulting in the finding against him is fundamentally flawed and is concerned about the impact the finding will have on his reputation, the court heard.
He wants court orders quashing the agency’s finding and preventing any further investigation into the complaints.
The agency opposes him being granted leave for judicial review and contends his appeal against the finding should be allowed proceed instead.
Mr Justice Richard Humphreys, after hearing short submissions from both parties on Wednesday, reserved his decision on whether to grant permission to the man to bring his action.
Legal advice
A solicitor for the agency told the judge, in line with legal advice, it had not informed any third party of its 2013 finding against the man because he had appealed the finding. A new system of dealing with such matters has been in place since 2014, he said.
The agency would in certain cases inform relevant 3rd parties about a finding an individual is a risk to children even if that individual had lodged an appeal, the solicitor added.
Damien Colgan SC, for the man, said his client has at all times denied any wrongdoing.
The action arose out of a statement made in 2011 to gardaí by a woman who now lives abroad, he said. She alleged she was sexually abused by the man between 1979 and 1989 but no prosecution was brought arising out of that complaint, counsel said.
The matter was later investigated by a social worker after a complaint was made to the HSE, counsel said. That resulted in the agency’s finding against the man.
The social worker had never interviewed the complainant, something that must be done as part of any such investigation, and the failure breached fair procedures and natural justice, counsel said. The disputed finding was based on a redacted statement the complainant made to gardai and full and proper disclosure had not been made to his client by the agency, he added.