Fear that intellectually-disabled teen raped while in Tusla care

According to a new report by the Child Law Project, Ireland has seen numerous cases in which children have been the suspected victims of human trafficking or sexual exploitation.

The report, entitled “Falling Through The Cracks”, provides “an analysis of child care proceedings attended by the Child Law Project from mid-2021 to mid-2024” and makes observations on how the system could be reformed.

According to the document, these reports included “at least nine cases where a child was a suspected victim of trafficking or exploitation,” adding that this show the “important safeguarding role” played by Tusla, immigration officers and the Gardaí.

One case outlined pertained to a Ukrainian teenager who was believed to have an intellectual disability, and who was suspected of been “groomed” in her home country, and the report said that there were multiple “similar” cases to this.

“One of these [cases] involved a teenager from Ukraine who arrived in Ireland in the company of a man whom she knew but who was not a relation,” the report reads.

“The girl was interviewed by social workers at the airport who were concerned about the situation, and was subsequently taken into care under an emergency care order.

“There was a concern that the child, who might have had an intellectual disability, might have suffered neglect and been groomed in her home country. Similar issues arose in two other cases.”

Another incident pertained to adults travelling with children, but Garda became suspicious that they were not, in fact, the childrens’ parents.

“In a second case the adults travelling with children were detained when entering the country as the Garda was not satisfied that the adults were the parents of the child or had appropriate permission to travel with the children giving rise to the possibility of trafficking,” the document said.

“In a third case it was suspected that the child in care was a victim of trafficking. The court directed that no information should be given to anyone about the child, including her location, given the concerns for her safety.”

The Child Law Project said that it was “of particular concern” that in “a number of cases” there were fears that a child was being sexually or criminally exploited, but that the level of support in their care placement was “not sufficient” to “address these risks.”

“For some, as their case returned to court for review, the situation deteriorated and became very bleak, with staff scrambling to keep the child safe,” it read.

The report further went on to outline a case where it was claimed that a teenage girl with the “cognitive ability of a 10-year-old girl” had been “raped” while in Tusla care.

“There were also beliefs that the teenager was being sexually trafficked throughout the country,” the document added.

“The case came back before the court on over ten occasions, but the girl was still without a special care bed. The judge said that he was lost for words that this was the third case before him with similar circumstances, but this was by far the worst case. He said: ‘It beggars’ belief that in 2024 this would come before a court.’

“Eventually the child was placed in a unit in the UK. This case highlighted the lack of provision within the care system of a safe house for suspected victims of trafficking.”

Commenting on the wide-ranging 103-page report today, Media Minister Catherine Martin said “there’s no room for complacency when it comes to child protection.”

“I think what you see in this government for the last four years is the increase funding for Tusla, up to €1.2 billion,” she said.

“And I know my colleague, [Children’s Minister Roderic] O’Gorman has seen and identified the need to strengthen inter-agency work, and has created that inter-agency group. And that will have a statutory footing under the childcare amendment, and I think that’s really important.”

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