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Pilot Forum for Adults in Residential Care as Children Presentation by Norah Gibbons Director of Advocacy, Barnardos Ireland. Establishment of CICA. Government apology:
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Pilot Forum for Adults in Residential Care as Children Presentation by Norah GibbonsDirector of Advocacy, BarnardosIreland
Establishment of CICA Government apology: “On behalf of the State and of all citizens of the State, the Government wishes to make a sincere and long overdue apology to the victims of childhood abuse for our collective failure to intervene, to detect their pain, to come to their rescue” CICA established: - Initially non statutory - Commission to Inquire into Child Abuse Act 2000 – amended in 2005. Other Actions - National Counselling Services - Statute of Limitations amended.
Principal functions of the Commission The principal functions conferred on the Commission, as laid down in Section 4(1) of the Principal Act of 2000 and as amended by Section 4 of the 2005 Act were: (1a) to provide, for persons who have suffered abuse in childhood in institutions during the relevant period, an opportunity to recount the abuse, and make submissions, to a Committee, (1b) through a Committee - ( i) to inquire into the abuse of children in institutions during the relevant period, ( ia) to inquire into the manner in which children were placed in, and the circumstances in which they continued to be resident in, institutions during the relevant period, ( ii) to determine the causes, nature, circumstances and extent of such abuse, and
Principal functions of the Commission (iii) without prejudice to the generality of any of the foregoing, to determine the extent to which – (I) the institutions themselves in which such abuse occurred, (II) the systems of management, administration, operation, supervision, inspection and regulation of such institutions and, (III) the manner in which those functions were performed by the persons or bodies in whom they were vested, contributed to the occurrence or incidence of such abuse, (1c) to prepare and publish reports pursuant to Section 5.
Principal functions of the Commission In performing its functions the Commission shall bear in mind the need of persons who have suffered abuse in childhood to recount to others such abuse, their difficulties in so doing and the potential beneficial effect on them of so doing and, accordingly, the Commission and the Confidential Committee shall endeavour to ensure that meetings of the Confidential Committee at which evidence is given are conducted (a) so as to afford to persons who have suffered such abuse in institutions during the relevant period an opportunity to recount in full the abuse suffered by them in an atmosphere that is sympathetic to, and understanding of, them, and (b) as informally as is possible in the circumstances.
Confidential Committee Principal Functions of the Confidential Committee were: To provide a forum for persons who have suffered abuse in institutions during their childhood, and who did not wish to have that abuse enquired into by the Investigation Committee to recount their experiences and make submissions in confidence. To receive evidence of such abuse. To make proposals of a general nature with a view to their being considered by the Commission in deciding what recommendations to make. To prepare and furnish reports.
Confidential Committee The mandate of the Committee was to hear the evidence of those who wished to report their experiences in institutions in a confidential setting, as defined in the legislation. The legislation provided that the Confidential Committee was to endeavour to ensure that meetings of the Committee at which evidence was being given were conducted so as to afford to witnesses an opportunity to recount in full the abuse suffered by them in an atmosphere that was sympathetic to, and understanding of, them, and as informally as was possible in the circumstances.
Defined Categories of Abuse The Committee was required to hear the evidence of witnesses who wished to report four types of abuse as defined by the Acts. The definitions changed in the 2005 Act and the changes made the 2005 Act are highlighted in bold below. Physical Abuse: The wilful, reckless or negligent infliction of physical injury on, or failure to prevent such injury to, the child. Sexual Abuse: The use of the child by a person for sexual arousal or sexual gratification of that person or another person. Neglect: Failure to care for the child which results, or could reasonably be expected to result, in serious impairment of the physical or mental health or development of the child or serious adverse effects on his or her behaviour or welfare. Emotional Abuse: Any other act or omission towards the child which results, or could reasonably be expected to result, in serious impairment of the physical or mental health or development of the child or serious adverse effects on his or her behaviour or welfare.
Confidential Committee Remit Evidence heard from witnesses from: Industrial or reformatory schools. Other institutions which included: general, specialist and rehabilitation hospitals, foster homes, primary and second level schools, Children’s Homes, laundries, Noviciates, hostels and special needs schools (both day and residential) that provided care and education for children with intellectual, visual, hearing or speech impairments, and others.
Evidence Evidence heard covered: Demographic and social circumstances of witnesses before their admission to the institutions. The experiences and reports of abuse while in the institutions. Their life after leaving the institutions.
Relevant Period The Committee was required to hear witness accounts of abuse that occurred in the past during a “relevant period” as defined by the Acts. The Committee determined the relevant period as between 1914 and 2000, being the earliest date of admission to out-of-home care and the latest date of discharge of those applicants who sought to give evidence to the Committee.
Confidential Committee Remit Confidential Committee heard from 1,090 witnesses. They had been discharged from, or left, the institutions between 1922 and 2000, and were residing in Ireland, the UK and other parts of the world.
Documentation Witnesses were invited to bring supporting documentation to their hearing, if they wished, and a number brought copies of documents relating to their admission that they had acquired under the Freedom of Information Acts 1997 and 2003, and other searches. Included among the documents provided by witnesses to the Commissioners were: Admission records Documents from institutional centres Medical records Birth certificates Letters from the Department of Education and Science Court orders Correspondence between their families, the institutions and relevant authorities Letters from the gardai and others seeking payments from parents General correspondence Newspaper cuttings relating to their admission Personal photographs from their time in the institution
CICA Report • Commission’s report published 20 May 2009 • Consists of 5 volumes including: • - Reformatory and industrial school (vol.1 and 2) • - Confidential Committee (vol. 3) • - Dept of Education funding issues (vol. 4) • - Other relevant issues and incl adjustment of adult survivors (vol. 5).
