Social worker ‘acted properly’ bringing Donagh brothers home

Editorial Department • Published 17 Sep 2010 09:00

Further meetings are to be held between the Donagh Community Forum and the Western Health Trust to deal with the issues arising from two paedophile brothers being allowed to return to their home following their trial.

Following the meeting on Tuesday evening, the Donagh Community Forum and representatives of the Western Health Trust, the Health and Social Care Board, the police and the Department of Justice agreed after a lengthy meeting to clarify the roles and responsibilities of the statutory agencies.

A statement from the Western Trust said, “Acknowledging the continuing deep hurt felt by the community, all present agreed that they would maintain lines of communication and as a priority, work together to deal with the complex issues that have been identified as a result of this case.

There has been much confusion and controversy over the incident following the court cases involving the McDermott brothers.

One brother was jailed for abusing children, another took his life just before the trial was going on and two others, James and Owen Roe were given lifetime orders banning them from being with children, and a two-year treatment and supervision order placing them in the care of social services. After returning to their home, they admitted themselves voluntarily to Lakeview Psychiatric Unit in Londonderry where they still remain.

Following a meeting of the Assembly’s Health Committee last week at which the Western Trust representatives gave evidence, it was clear there was considerable confusion among MLAs over the sequence of events which took place leading up to the two brothers returning to their home following the trial. The Western Trust said it could only approve or disapprove where the brothers lived, but said that they did not have the authority to move them and that it had taken legal advice on the issue.

On Thursday, the Chief Executive of the Western Health Trust. Ms Elaine Way told the committee that the social worker in charge of James and Owen Roe McDermott had acted properly by returning them home as she did not have the power to place them in the care of health professionals.

The committee had questioned why it took the Western Health Trust so long to be notified and then to react to the brothers being allowed to continue to live in the community. As the brothers were deemed unfit to stand trial, a judge ruled they were to reside at a residential address approved by their supervising officer.

However the Chairman of the Health Committee, Jim Wells, claimed that the Justice Committee were given a different answer.

“The evidence we received seems to be at odds with what was given to the justice committee last week and we just can’t tie down exactly what powers the social worker had in this case so there’s still a great deal of confusion out there,” he said.

The health committee said it was also concerned about the Department of Health’s reference to the need for establishing multi disciplinary teams within the health trust, something that had already been recommended after the McElhill tragedy in Omagh in 2007.

A week before, the Justice Minister, David Ford, said a clerical error had no bearing in the decision to allow the McDermott brothers to return to Donagh. A court official typed up a supervision and treatment order but left out the address where the brothers should live.

This week, however, the Chairman of the Assembly Justice Committee, Lord Morrow refuted claims made by the Western Health Trust over the permitting of the McDermott brothers to return to their Donagh home.

He said, “This is becoming a search to find someone on whom to label blame. Last week the Justice Committee were told, after much questioning, that an administrative error was behind the problem. Less than an hour after that the Justice Minister changed the wording of the proffered explanation. Clearly no-one knew what exactly was going on.

“We now hear this Trust is claiming they had the power to approve or disapprove of accommodation but had no authority to “move” the McDermott brothers. Firstly what is the point in being able to approve or disapprove a situation laid down by Court Order, but being unable to enforce it? Secondly, why were these men permitted to return at all after appearing in Court? Having been involved in the assessment of these men for judgment, Social Services must have known the way this case was heading and should have taken steps to ensure approved accommodation was on standby.

“In addition there is a section within the judgment which states provision within the order can be amended at Magistrates Court. On evaluating the risks why then did Social Services not go to Magistrates Court for affirmation on the unsuitability of the residence?” he stated.

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This article appeared in Impartial Reporter 16 Sep 10

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