The High Court has ruled that Daniel McAnaspie’s next-of-kin can ask the District Court for access to reports prepared by his guardian ad litem while he was in the care of the Health Service Executive.
Daniel, born in November 1992, had been under a care order since April 2005. He was reported missing on February 26, 2010. His body was found by gardaí on May 13. A post-mortem concluded that he died from a stabbing. He was 17 and remained in HSE care when he died. The judgment records that his death was the subject of an ongoing criminal investigation.
His next-of-kin, Cathriona McAnaspie, subsequently sought access to reports prepared during Daniel’s child-care proceedings. His guardian ad litem had produced 26 reports concerning the family between 2004 and 2010, 14 specifically concerning Daniel.
The District Court referred nine legal questions to the High Court about its powers after the death of a child who had been in care.
Mr Justice Birmingham held that Daniel’s care order ended automatically when he died and did not require a formal discharge. He also held that a deceased person was not a “child” for the purposes of the continuing welfare powers in section 47 of the Child Care Act 1991. That meant new welfare directions could not be made for Daniel under that section.
However, the court drew an important distinction between continuing child-care powers and control over documents generated in earlier proceedings. The guardian reports had been prepared for the court and were, in that sense, court reports. The District Court therefore retained discretion to consider their release despite the original proceedings having been held in camera.
That discretion included power to redact or restrict publication to protect other children and confidential information. The court also held that, in exceptional circumstances, media could be permitted to attend and report on the disclosure application, subject to restrictions imposed by the District Court.