An investigation by the North Eastern Health Board into allegations that a disturbed girl in its care was sexually assaulted by a staff member has broadly supported her claim, a High Court judge said yesterday.
Mr Justice Kelly noted the report set out 19 recommendations, which the health board intended to implement. A Garda investigation into the allegations made by the 16-year-old girl is continuing.
The judge heard the girl had made "extraordinary progress" and liked her life "a whole lot better now". She described what had happened to her as "a nightmare".
The judge said he would lift the detention order on the understanding the girl remained in the residential unit for some time, continued her courses and stayed with her mother two nights weekly, with a view to eventually returning home full time.
The girl agreed to the conditions and thanked the judge.
Mr Justice Kelly told the girl she was the most successful of the children he had dealt with. She had done her best and was a role model for others. He was giving her a measure of almost complete freedom which she deserved.
The girl's case has been before the court for two years. She was sexually abused by her father and at one stage placed in a locked adult psychiatric facility because there was no appropriate place for her. She almost died following an overdose of alcohol and ecstasy tablets. She was later placed in a residential unit where she made great progress. However, she reported an incident in which she alleged she was sexually assaulted by a member of staff, not a health board employee.
Ms Una Ryan, principal social worker with the NEHB, yesterday handed Mr Justice Kelly a report of the board's investigation. The judge said its findings were supportive of the complaints made by the girl.
Ms Ryan said she was "not entirely happy" with that summation. While she was satisfied sexual impropriety did take place, there was no evidence to support the allegation of full intercourse. She was not saying sexual intercourse did not take place, but there were no witnesses to the alleged incident and the details given did not allow her come to a conclusion regarding that allegation. There were inconsistencies in the accounts given. The age and immaturity of the man involved were factors.
Mr Justice Kelly said the board was satisfied sexual impropriety did occur. This was particularly wrong for a child coming from such a traumatic background.