THE red flag which initiated a HSE audit into the diocese of Cloyne was a notification to the Department of Health of the failure of that diocese to report an allegation of abuse to the child protection services of the HSE. The subsequent investigation revealed there were in fact four alleged offenders, and that Bishop John Magee had in his failure to report to the HSE, not complied with child protection legislation.
The audit, published yesterday, finds four priests have been the subject of investigations by the gardaí, but that none of those cases were perused by the DPP.
And despite assurances from Bishop Magee that the claims had been handled in accordance with child protection legislation, the HSE reports evidence to the contrary.
The case of initial concern was that of a Fr W. In relation to this case, the HSE found the diocese did not report the complaint to the HSE, as is required by law.
When contacted by the HSE on the matter Bishop Magee insisted the diocese had acted within the 1996 child sexual abuse legislation, that the matter had been reported, and that the accused had been removed from ministry. In effect, he said, the diocese had followed procedures to the letter of the law.
He admitted he had misunderstood the structures in place between the gardaí and the HSE, and said he would in future, undertake that all reports be made directly to both.
On request from the HSE, Father W’s legal team released an assessment report which stated that there was “no evidence that Fr W has an erotic interest in children... his level of risk for future sexual offending has been judged to be low”.
The audit then goes on to give details of three additional complaints, as provided by the diocese.
A Fr C was also referred to the gardaí. The DPP chose not to pursue the case but the results of an assessment found that the priest not be returned to ministry.
Fr C is resident in a religious institution where he is under constant supervision. A Fr D was also removed from ministry and a civil case is ongoing. He is under the supervision of a diocesan delegate.
A fourth priest in his 80s, Fr T is, according to the report, also under the supervision of a delegate and is “effectively confined to his home”.
While this HSE review was being conducted from late in 2007 to late last year, another more damning report was being written.
Ian Elliot, writing a separate report on behalf of the church appointed NSBC raised concerns with the HSE saying he had “deep concerns”.
He told the HSE he had not been afforded full co-operation from the diocese, had not received all the documentation he required from it, and said he believed there were more cases which had not yet come to light.
The HSE report found:
IN examining the information provided to the Health Service Executive (HSE) South in the matter of all priests that had been the subject of allegations of child sexual abuse, the following conclusions were reached:
* The actions taken by the diocese in the reporting of the allegations were not fully in keeping with the 1996 Framework Document in that, while a report was made to the gardaí, this was not supported with a separate report to the Child Protection Services, HSE South.
* The priests that had been the subject of allegations were all assessed as a means of determining the levels of risk posed to children.
The assessment of risk is an appropriate response to allegations. Such an assessment provides the baseline for all future actions in respect of safeguarding children.
* An examination of procedures relating to supervision of alleged perpetrators of abuse was required in order to secure appropriate ongoing monitoring of alleged perpetrators.
Conclusions:
THE Cloyne report found actions taken by the diocese “were not fully compliant” with the procedures set out in the Church framework drawn up in 1996.
This secondary report, which covers most of rural Co Cork, found that existing child protection practices would need to be strengthened. The practices did not comply with national guidelines, the HSE found. “The diocese have confirmed that they have now identified all known cases and passed on the information to the HSE.”
While the Garda were informed, the HSE had not been told of any of the cases central to the report. “The bishop has acknowledged his error in this respect, stating the matter was reported to the gardaí and his misunderstandings relating to roles and responsibilities led to a failure to report the matter to the HSE.
“The bishop has assured the HSE that this matter has been corrected,” the report states.
“The actions taken by the bishop included the removal of the alleged perpetrators from ministry, affording pastoral care to the complainants and risk assessment of the alleged perpetrators by a recognised agency within the field of risk assessment of sexual offenders. In addition, the alleged perpetrators became subject to ongoing supervision.”
Upon examination of the actions taken by the diocese, the HSE has “highlighted the need for ongoing liaison with the diocese as a means of assisting the diocese in refining its response...”.
Actions put in place by the HSE include: monthly meetings with the delegate responsible for child protection in the diocese; quarterly meetings with the inter-diocesan case management advisory committee, upon its re-establishment; assistance in the development of an effective supervision policy and an audit of all claims against clergy dating back to 1996.
Case of Fr W
IN collaboration with Eamonn Collier, principal social worker at North Cork Child Care and Protection Services, a comprehensive search of the HSE files was undertaken in order to establish whether, in fact, contact had been made by the diocese of Cloyne with regard to the specific allegations as raised. It was subsequently confirmed that no contact had been received in this matter from the diocese of Cloyne.
Supt and Bishop Magee were invited separately to meet with the child care manager north Cork Mike Van Aswegen and the principal social worker of North Cork Child Protection Services Eamonn Collier in order to examine the information available and actions taken by the diocese.
In a meeting with Supt. the specific matter of allegations were discussed as well as the confirmation of the general business processes linking An Garda Siochána with the North Cork Child Care and Protection Service in matters relating to allegations of sexual abuse and the subsequent reporting thereof.
Bishop Magee was contacted in order to establish the processes undertaken by the diocese in this matter.
In his initial responses to the childcare manager regarding the matter at hand (dated 7 December 2007) the bishop made it clear that any actions taken by the diocese were in keeping with the 1996 Framework Document (2.2.1-2.2.2) Bishop Magee went on to state that the following actions were taken:
* The matter was reported
* The accused was removed from ministry.
* The complainant was afforded pastoral care and counselling.
* The priest was the subject of the allegation. Fr W was professionally assessed by the Granada Institute.
Bishop Magee noted that despite the fact that the DPP elected not to proceed, the diocese utilised canonical processes by which the accused has not been reinstated to post.
The bishop emphasised the centrality of pastoral care in the actions of the diocese. In his correspondence the bishop notes: “The diocese may not dispense itself from its duty of pastoral care, above all where children may be at risk. The diocese will be glad to collaborate with other bodies in providing more effective care.”
The bishop confirmed the matter had been reported to the gardaí, in accordance with the Framework Document and acknowledged that he had misunderstood the structures in place between the gardaí and HSE.
The bishop stated that this misunderstanding arose from his belief that there was a joint protocol in place between the HSE and gardaí in these matters and that he would in future undertake that all reports would be made directly to the gardaí and HSE.
The case was discussed with the diocese in order to establish the actions taken. Mr Collier advised the bishop that in order for North Cork Child Protection Services to be satisfied regarding risk assessment and risk management in the matters specifically relating to Fr W, the HSE would be seeking the assessment report and recommendations of the Granada Institute and the actions that were subsequently taken by the diocese to create a protective environment in this matter. It was confirmed that Fr W remained subject to supervision and had been removed from ministry. A discussion then ensued relating to Fr W’s legal team and whether permission for release could be obtained regarding the Fr W report. Monsignor (the designated delegate of the diocese ) assured Mr Collier that he would explore this matter and provide the HSE with the fullest response possible.
In written correspondence, monsignor informed the child care manager of the outcomes of the Granada Assessment of Fr W stating as follows “their (the Granada Institute) conclusion reads: “This assessment has produced no evidence that Fr W has an erotic interest in children... his level of risk for future sexual offending has been judged to be low.”
Monsignor went on to state that he would be willing to give sight of the assessment in full if it was required. The full assessment report was requested and produced by monsignor. During the ongoing process of review, Monsignor provided the HSE with information relating to all ongoing cases within the diocese.
Case of Fr C
THE case of Fr C was referred to the gardaí.
The DPP chose not to pursue prosecution.
Fr C was assessed by the Granada Institute, and the conclusions of this assessment advised that Fr C not be returned to ministry.
Fr C is currently resident in a religious institution where he is under constant supervision.
Case of Fr D
THE matter was referred to the gardaí.
The DPP chose not to proceed with a prosecution.
Fr D has been risk-assessed by a psychologist and has been removed from ministry.
A civil case is proceeding against Fr D. He is monitored by the parish priest and under the supervision of the delegate.
Case of Fr T
THE matter was referred to the gardaí.
The DPP has chosen not to proceed with a prosecution.
Fr T is in his late 80s. He is retired and lives in his parish residence.
He remains under the supervision of the delegate.
He is effectively confined to his home. +++++++++++++++++++++++++++++++++++++++++++++++++++
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