THE FAMILY of Danny Talbot (19), who died of a drugs overdose while being cared for by the HSE, have applied to the coroner's court to conduct a public inquiry into the circumstances of his death.
The application by the family is prompted by their concerns that the State's existing system for reviewing the deaths of children who die in care may not comply with the European Convention on Human Rights (ECHR).
At the opening yesterday of the Dublin City coroner's inquest on Mr Talbot who died in August 2009, his aunt Sandra Lamb said he was terribly let down by the health and social services.
She said her family had begged for help from the Health Service Executive (HSE) on many occasions but it was not provided. She also criticised social workers, highlighting one situation when Danny was excluded from a key meeting about his future. He was so frustrated with this he put his fist through a window, said Ms Lamb.
"I don't know how the HSE can sit in here today because he [ Danny Talbot] was failed every day of his life," she told Dublin City coroner Dr Brian Farrell.
Maeve Drummy, principal social worker for the HSE, said she acknowledged the family felt a lot of frustration over the situation. She told the coroner that Mr Talbot was placed in foster care from an early stage. He later tried a number of different placements when this broke down and was moved around from one place to another for some time, she said.
She said the HSE felt a commitment to provide aftercare services to Mr Talbot when he formally left care at 18. She said a social worker was out looking for him at the time of his death.
Donna, sister of Sandra Lamb, disputed this claim. She said she was with Danny shortly before he died and he had been trying to contact his key social worker following his release from prison.
David Flood, who fostered Danny from the age of nine, told the court the HSE felt it was best to remove him from their house when he became involved in drugs because they also looked after Danny's younger sister. Solicitor Pol Ó Murchú, who is representing the family of Mr Talbot at the coroner's inquest, said an obligation exists on the State to establish a full investigation surrounding the death of Mr Talbot.
"The time Danny spent in the care of the HSE had a profound effect on him and, regrettably, led to the circumstances surrounding his death," said Mr Ó Murchú.
He said the State had a duty to hold an investigation that complies fully with article two of the ECHR, which protects the right of every person to life. This article places a duty on the State to investigate suspicious deaths and, in certain circumstances, a positive duty to prevent foreseeable loss of life. An inquiry should be held in public and undertaken in a prompt manner, he added.
Mr Ó Murchú told the coroner he had written to Minister of State for Children Barry Andrews and Minister for Health Mary Harney to establish what type of review they would hold into the death of Mr Talbot. He said they had written back stating that a new HSE panel on child deaths and an independent review group would review his death.
Mr Ó Murchú said he needed to correspond with the HSE to establish whether these reviews were fully compliant with article two of the ECHR. He said the coroner's inquest may satisfy this requirement. Dr Brian Farrell adjourned the inquest until July 21st to allow time for Mr Ó Murchú to present legal argumentation.
Earlier the court heard Mr Talbot was living at an adult homeless shelter when he died. His body was found at an apartment in Berkeley Street, Dublin 7, by gardaí.
After the inquest adjourned, the Lamb family read a letter sent by Mr Talbot to the HSE in 2006. "I think I was unfairly treated. I also think the health boards are at full blame for the way I've been treated . . . This is what sickens me now. My life has been ruined."