A Roma family whose two-year-old child was removed by gardaí in a case of “overzealous policing” have received €60,000 in damages under a settlement of a legal action they took.
The child at the centre of the case was removed from the family home in Dublin in October 2013, under the Child Care Act of 1991, after members of the public expressed concerns to gardaí that he might not be the child of his parents. The allegations came during a period of hysteria around abducted children following the discovery of a blond child at a Roma camp in Greece, and coincided with the removal of a blond girl from a Roma family in Athlone. The boy concerned was removed by gardaí under Section 12 of the Child Care Act which provides for a child’s removal without a court order where it is considered that there is an immediate and serious risk to a child’s health and welfare.
An investigation of the Dublin incident by the Ombudsman for Children later concluded that the incident amounted to ‘ethnic profiling’, resulting in an apology from the Irish Government.
As the legal case against the State and An Garda Siochana unfolded, it was pointed out to the court by the family’s counsel that while officers might be required to accept a duty of care in not acting in an “overzealous” manner in child care cases, it could reasonably be argued that gardaí should not be constrained by a fear of being sued in such cases, as the defence might argue were the case to proceed to a full judgement.
The presiding judge, Mr Justice Paul McDermott, noted the issues raised, and taking into consideration a medical report on the child’s well being, he approved the settlement reached between the parties.