Family of Roma child taken into care to sue State

A Roma family whose son was removed from them by gardaí last year is planning to sue the State.

Children's Ombudsman Emily Logan will today publish a report detailing her findings and recommendations on the circumstances surrounding two children from Roma families having been taken into care last October amid what were subsequently shown to be unfounded fears they had been abducted.

Then minister for justice and equality Alan Shatter asked Ms Logan on December 9th last year to inquire into the matter.

He gave her special powers to carry out an inquiry into the events concerning the children being removed from their families in Dublin and Westmeath.

The youngsters, a girl aged seven and a two-year-old boy, were taken from their parents after members of the public reported concerns they might not be the families’ own children. The claims were unfounded.

The blonde-haired, blue-eyed girl was taken from her south Dublin home for 48 hours while the boy, also fair-haired, was removed from his home in Athlone.

DNA tests proved the children were in fact members of the respective families.

Paul Connellan, who represents the Athlone family, said they have had the Ombudsman's report for about a month and found it to be "comprehensive".

“I and the family were very happy with her thoroughness and findings,” he said.

The family is suing the State for breach of constitutional rights, false imprisonment, negligence and damages for mental distress, and possibly defamation.

Mr Connellan told RTÉ today that proceedings would be pursued even if an apology is given by the Department of Justice and the Garda.

Mr Connellan said while an apology would be an excellent start, the family was entitled to be compensated for what happened on that night.

“It was an appalling abuse of process and invasion of the family’s constitutional and human rights,” he said.

Mr Connellan said the family was now doing well and the mother had given birth to a baby girl recently.

“Fortunately the child is of a very tender age so he’s recovered well. He has his own medical issues, which were relevant at the time as well and they continue,” he said.

“But this has been a very traumatic experience for them. They were extremely upset at the time.”

He said the family still does not know where the child was taken that night.