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Northern Ireland Children's Commissioner says woman in care "failed" by state

A woman who has been in care for most of her life has been “failed” by the state, a damning investigation has found.

The, woman who is now 21, is currently in a mental health hospital in England but wants to return to Northern Ireland.

Vicky, not her real name, has been at the centre of a major investigation by the Northern Ireland Children’s Commissioner. The probe uncovered a catalogue of failings over the 21 years of her woman’s life.

Read more: Paramilitaries subjecting young people to coercion, threats and sexual exploitation, MPs told

It criticised the Western Health and Social Care Trust, which was her legal ‘parent’, for a raft of systemic failings. The ‘Looked After? A formal investigation into the life of a child in the care of the state’ report is the first of its kind in Northern Ireland.

Vicky was born in 2001. Her parents had physical and mental health issues and, the report says, Vicky “should have been treated as a child in need as soon as she was born”.

But this did not happen and she spent the first 10 months of her life in hospital.

The investigation found that as Vicky grew older there was a “repeated failure to both fully understand and meet her needs on the part of several relevant authorities”.

She spent most of her life with the same foster family which provided stability, but Vicky’s learning difficulties and anxiety resulted in excessive school absenteeism.

At 15, her behaviour resulted in her being admitted to a residential home but it was unable to deal with young people who had complex needs. Vicky spent most of her life with the same foster family but, according to the report, it was not a happy time, with a number of arrests, breaches of bail and use of restraints.

The report said the health trust did not find accommodation for Vicky after she was granted bail. Instead she went to the Juvenile Justice Centre. But she was left there for almost a year, until just after her 17th birthday when she was placed in a medium secure mental health facility in England. There is currently no plan in place for her to return to Northern Ireland. A lack of suitable accommodation in Northern Ireland is a key issue raised in the report.

The Northern Ireland Children’s Commissioner (NICCY), Koulla Yiasouma, said Vicky had been deprived of her liberty for six years. She says that Vicky was the victim of “persistent failings”. The now young woman wants to “come back home and live close to her family who she loves”.

Ms Yiasouma said Vicky was “failed” by her legal parent, the Western Health and Social Care Trust. As a corporate parent, a trust is responsible for safeguarding the child and promoting their wellbeing and welfare.

The commissioner said her office took up the case after they were alerted to a child with mental health issues in the care of the state who had been in the Juvenile Justice Centre and on remand for almost an entire year.

She said: “When we were alerted to the fact that a child with a learning disability and mental health issues, who was in the care of the State, had been in the Juvenile Justice Centre (JJC) on remand for the best part of a year, I made the decision that we would formally investigate. I deployed the .strongest powers my office has to understand how the situation arose and what, if any, breaches of her rights had occurred.”

The Commissioner added: “I am deeply ashamed of what the children’s social care system became during the care of Vicky – paying scant attention to the protection of her rights or best interests.”

The report makes 45 recommendations addressing issues dealt with by the Western Health Trust, Education Authority, Youth Justice Agency, and the departments of justice and health.

Only three are specifically about Vicky - the others are about improving the social care system. NICCY said an independent expert clinician should be appointed to assess Vicky with a view for her to return to Northern Ireland.

An action plan should be agreed, the report added, and implemented based on the assessment. Suitable accommodation and support services should be identified and secured as close to her hometown as is feasible. A place should be available within a two-month deadline of Vicky being assessed, it continued.

Other recommendations include the ensuring timely identification of “children in need” and the planning and implementation of an action plan at relevant stages.

The report cited dozens of adverse findings, including a failure to convene a pre-birth risk assessment conference before Vicky was born.

In her own words at the opening of the report Vicky says: “The system hasn’t helped me since I was 6 years old. Since my Mum asked to get me help and I’m still not getting the help!”

The Western Trust said it will take time to consider the report in detail but it “clearly identifies serious issues of concern and must result in concerted action”.

The trust’s director of women and children’s services, Tom Cassidy, said the failings identified were unacceptable.

“Children’s services have developed significantly since 2001,” he said.

“Our multi-disciplinary workforce is now more aware of adverse childhood experiences and the potential impact on child development and attachment. However, this report clearly shows more work is needed.”

He said it was important the trust and others highlighted in the report implemented the relevant learning and recommendations as a priority.

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