Ombudsman Criticizes Government’s Handling of Missing Child Cases

The Ombudsman for Children, Dr. Niall Muldoon, has expressed serious concerns regarding the Government’s and Tusla’s response to the case of a young boy missing in Dublin, who is now presumed dead. His remarks come as authorities investigate the disappearance of the boy, who would be seven years old if he were still alive, having last resided in an apartment in Donabate, Dublin.

A search for the missing child commenced this week in Donabate following concerns raised by Tusla, the Child and Family Agency, last Friday. Dr. Muldoon described the situation as “shocking,” emphasizing that a child who had previously been known to Tusla could have gone missing four years ago without sufficient action taken.

“How could that have happened? How could a child have been born, dealt with all the relevant agencies and services, and then apparently just disappear?” Dr. Muldoon asked in a statement issued late on Thursday. He highlighted the State’s obligation to safeguard children’s rights, particularly their right to safety and protection from harm.

The Ombudsman criticized the Government’s response to the possible death of the boy, stating that referring the case to the National Review Panel is inadequate. He pointed out that this panel lacks statutory power and independent authority to publish reports, and that both Tusla and the Department of Children have acknowledged it has not been fit for purpose since 2018.

This case marks the second instance in which a child in Ireland has been missing for years before authorities became involved. Kyran Durnin, who would be nine years old this year, was reported missing in August 2022, with a murder investigation launching in October of that year. Dr. Muldoon noted the parallels between the two cases, stating, “We know that this child had contact with Tusla up until 2020 but after that, very little is known as it appears he just silently disappeared, the same as Kyran Durnin did little over a year ago.”

In April 2023, the Ombudsman for Children’s Office released a Child Death Review report highlighting significant concerns regarding the National Review Panel’s effectiveness. The report urged the establishment of an independent, child-centered statutory review mechanism to analyze child deaths in Ireland.

Dr. Muldoon added, “A child rarely exists only within one service…hence the need for a broad-ranging review to learn and hopefully try to prevent other deaths.” He reiterated that the National Review Panel’s limitations hinder its ability to perform its functions effectively, impacting its access to information and collaboration with other agencies.

The Ombudsman recommended that the Department of Children, Disability, and Equality work with his office to find a resolution while awaiting the establishment of a new statutory child death review mechanism. Although this recommendation has been accepted by the Government and is included in the Programme for Government, the relevant department has not yet been appointed to lead this initiative.

Dr. Muldoon has reached out to An Taoiseach for an urgent update regarding the progress of establishing the statutory child death review mechanism. He criticized Tusla’s response to such serious incidents, stating that referring cases to a review process that reports back to the agency itself is insufficient.

The Ombudsman for Children’s Office intends to engage with the Minister for Children and senior officials at Tusla to explore how they might exercise their statutory powers to address systemic issues related to missing children. The urgency of implementing a more effective response system remains a pressing concern for families and advocates alike.