GAA coach faces ruling on child-risk finding challenge

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Mr Justice Richard Humphreys reserved his decision in the High Court on 9 December 2015 on whether to permit an unnamed GAA coach to challenge a Child and Family Agency finding that he represents a risk to children.

The agency’s 2013 finding followed an investigation into an allegation that the man sexually abused a girl when she was aged between six and 16. It found that third parties should be informed. The man, who cannot be identified for legal reasons, denies the claims and has appealed. He voluntarily agreed to stop coaching youngsters pending the outcome of his case.

Damien Colgan SC, for the man, said the complaint arose from a statement made to gardaí in 2011 by a woman now living abroad. She alleged abuse between 1979 and 1989. Counsel said no prosecution was brought arising out of that complaint.

Counsel said a social worker subsequently investigated following a complaint to the HSE. He argued that the social worker’s failure to interview the complainant breached fair procedures and natural justice. He said the finding relied on her redacted statement to gardaí and that the agency had not made full and proper disclosure to his client.

The man seeks orders quashing the finding and preventing further investigation into the complaints. The agency opposed permission for judicial review, arguing that his appeal should proceed instead.

The agency’s solicitor said it had informed no third party of the 2013 finding because the man had appealed, in line with legal advice. The solicitor said a system introduced in 2014 allowed relevant third parties to be informed in certain cases even where an appeal had been lodged.