The DPP has decided not to prosecute two parents accused of sexually abusing their children.

Two of their children, now aged 6 and 9, are at the centre of a legal battle between their foster parents and Tusla.

The children were first taken into care in March 2012 amid concerns of substance abuse and domestic violence in the family home.  They were returned on a phased basis one year later.

In March 2014, they were taken back into care after their eldest son made allegations of sexual abuse against his parents.  The children were placed with a foster family and Tusla initiated legal proceedings to secure permanent care orders.
The agency withdrew its application in May – a move that paved the way for the reunification of the family.  The foster parents intervened and secured an interim care order last month.

They want Ms. Justice Marie Baker to make the children wards of court and thereby protect them while a full inquiry into the allegations is carried out.  Last week, the court heard they attended a meeting with a social care worker where they were told the decision to stop the proceedings for a permanent care order had been made at management level because the case was “too toxic and costing too much”.  The social care worker has no recollection of making those comments.  

This morning, Ms. Justice Baker was told the Director of Public Prosecutions has decided not to pursue a case against the parents.  Despite this development, the court heard the Garda objection to the reunification remains.  All parties agree that the decision not to prosecute has no bearing on the decision the court has to make.

As it stands, that decision is simply whether it has the jurisdiction to make the children wards of court. If Ms. Justice Baker decides it does, then she will have to decide whether it’s something the court should consider in this case.
Tusla, and lawyers for the natural parents, will be given an opportunity to respond at some stage this afternoon.