The parents of the seven-year-old Roma girl who was taken into care for a number of days in contentious circumstances may sue the State for compensation, Metro Éireann has learned.Our investigations have revealed that the potential case against both An Garda Síochána and the Health Service Executive (HSE) may be brought on the basis that “there were no reasonable grounds to take away the child,” a source in Tallaght told Metro Éireann.
The girl was removed from her family by Gardaí on Monday 21 October - then returned to her parents two days later after DNA tests confirmed they were her biological parents.
The incident came days after the controversy surrounding a blonde, blue-eyed girl named ‘Maria’ who was removed from a Roma couple in Greece.
DNA testing has since connected the child to a Bulgarian Roma woman who claims she gave her away to the couple, who face charges of child abduction and of fraudulently obtaining documents for 14 other children.
Meanwhile, a second Roma child taken from a family in Athlone on Tuesday 22 October was returned to her parents in a matter of hours.
According to our source, the Roma family in Tallaght has been “well known to the authorities for a long time” and added that the actions of Gardaí and the HSE were “a terrible mistake”.
Pointing out that the girl’s identity could have been verified by various means, such as by her public health nurse, school teacher and principal, or the family GP, our source said the case “raises serious questions about the level of Garda investigations and the presentation of cases in court”.
Legal analysts say any potential case against the State would be based on a number of arguments, including the distress caused to the girl and her family.
“Psychological injury has been caused as a result and it will take sometime before she will recover from the total mess,” one legal expert told Metro Éireann.
Racial profiling has also been alleged as a contributory factor in the decision to remove the child from her family.
Meanwhile, solicitors for the Roma family reiterated their plea for privacy.
“They would ask all members of media not just to take account of the legal position but also of the family’s privacy and need to be left in peace to try to get on with their lives as best they can at this difficult time,” Waheed Mudah said in a statement outside the court.
“Our clients are absolutely delighted that their daughter is coming home. Her removal has been a cause of great upset to her parents, her brothers and sister and the young girl herself.
“Her parents greatly appreciate the help and assistance that they have been given by friends and relatives over the last few days. They now intend to concentrate on looking after their family and, in particular, in trying to reassure their daughter that she will be left in their care.
“All that being said, however our clients also wish to say that they do not believe that what has happened over the last few days should ever happened. They do not accept that there was any sufficient basis to take their daughter away from them causing her and them the upset which has been caused…”
“Finally our clients would like those who hear this statement, and particularly those who are parents, to consider how they would feel if one of their children was taken away in similar circumstances for similar reasons. They hope that no other family has to go through the experience that they have just suffered.”
The Ministers for Justice and for Children and Youth Affairs have since ordered Garda officials and the HSE to provide them with full reports on the incident, which has been described as “damaging for Ireland’s reputation abroad” by one immigrant.
Gardaí refused to comment on whether they would apologise to the girl and her family in light of the latest events.
