Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Question 37: To ask the Minister for Children and Youth Affairs if any action will be taken against those Health Service Executive employees who closed their files on children who subsequently died, whose cases were examined in the report of the Independent Child Death Review Group; and if she will make a statement on the matter. [33328/12]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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It is important to note that the Independent Child Death Review Group conducted what was in essence a desktop review of HSE files. This was in accordance with the terms of reference for the Group. The Group did not interview staff and did not make specific findings regarding individual staff members. Consequently right of reply or opportunity was not afforded to the HSE, or indeed any of the service providers engaged with the deceased, to respond to the report's findings in relation to matters reported on. The purpose of the review was to establish how these children and young adults died and to focus on the strengths and weaknesses of the State's involvement. Its purpose was to see how systems can be strengthened, rather than to establish culpability. The review related to deaths over a period of ten years and interventions in the lives of these children over preceding years.

The HSE has indicated that in some cases disciplinary actions were initiated against staff who were involved in cases subsequently examined by the Review Group. It also indicated that there may be further reviews and if cases of personal culpability are found these will be addressed. This would be done in accordance with the relevant employment legislation. The matter of action against employees of the Health Service Executive is one for the HSE to address as the relevant employer.

On a current basis the HSE now automatically has all deaths of children in its care or known to child protection services independently reviewed in order to identify learning and any actions that may be necessary.