Wednesday 17 January 2018

McAnaspie family in High Court bid for HSE documents

Louise Hogan

THE family of the late Daniel McAnaspie were in the High Court yesterday as part of their battle to get copies of all the HSE reports relating to his care.

The 17-year-old was found stabbed to death in May 2010, three months after he had been reported missing.

The teen had been in the care of the State after his mother died when he was 10, and it emerged after his death he had been placed in 14 homes in nine months.

Under the Childcare Act, a child who is in care cannot be named and details of their care cannot be released -- but the family are arguing that this no longer applies to Daniel because he is dead.

His family are seeking all the reports of the Guardian ad Litem -- the court-appointed guardian for a person in care -- prepared in relation to Daniel.

His sister, Cathriona McAnaspie, is also looking for the lifting of the in-camera rule applying to the childcare case to allow her use the documents and potentially publish them.


Barrister John Rogers, on behalf of Ms McAnaspie, argued yesterday that the care order -- which requires childcare cases to be held in private -- granted in respect of Daniel came to an end at his death.

The case came before the High Court yesterday as District Court Judge Conal Gibbons -- who has been handling the initial request for the reports from the HSE -- had requested guidance on the issue.

Mr Justice George Birmingham yesterday continued an order made at District Court level in relation to the application made by the 'Irish Times', RTE, 'Irish Examiner' and Irish Independent to be allowed report on the application from the family of Mr McAnaspie for the release of the documents.

Under the Childcare Act such court proceedings involving minors cannot be reported on -- but the McAnaspie family have supported the application by the media that they be allowed report on their court battle to get Daniel's reports.

Irish Independent

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