A social worker who made protected disclosures of alleged abuse of a woman with intellectual disabilities in a care placement has launched a High Court action aimed at preventing her dismissal.
Claire Looney wants orders preventing her dismissal from her role as head of clinical services with an association working with people with intellectual disabilities in the south east.
The proceedings are against her employer, Waterford Intellectual Disabilities Association (WIDA), funded by the HSE.
The court heard Ms Looney, following a two-year suspension, was dismissed late last month by her employer as a result of what her lawyers claimed was an “extremely flawed” process.
She denies any wrongdoing and claims she has been subject to penalisation by the HSE as a result of the disclosures she made. On Monday, Frank Callanan SC, for Ms Looney, said what has happened to her had a chilling effect for anyone making disclosures regarding issues concerning the care of those with intellectual disabilities.
Ms Looney, a qualified social worker, said she made protected disclosures in 2009 to the Department of Health, the HSE, and the Dáil Public Accounts Committee about the care of a woman, who became known as “Grace”, as well as others put in the same care placement. Those complaints led to the establishment of the Farrelly Commission, which began work in May 2017, to investigate claims concerning the alleged physical and sexual abuse of “Grace” and others. “Grace” was placed with the foster family in 1989 and remained in the home until 2009, despite a 1995 decision by the South Eastern Health Board (SEHB) to cease using the family for placements and to remove other vulnerable young people.
Ms Looney says she was accused of making a complaint about WIDA to Hiqa (Health Inspection and Quality Authority) which resulted in an inspection of her employer. She says she did not make any complaint to Hiqa. She was suspended from her job in 2018, and, despite being exonerated of the allegation regarding Hiqa, was informed in August she was to be dismissed from her role. That decision was upheld on an appeal last November. Counsel said the terms of reference in relation to the investigation into the allegation against his client changed and that resulted in new allegations being made against her. This rendered the entire process “totally flawed”, he said.
WIDA had initially supported her when she attended the Farrelly Commission but then informed her it would not pay her salary while she attended the hearings.
Ms Justice Leonie Reynolds granted Mr Callanan’s ex parte application for permission to serve the proceedings at short notice on her employers and returned the matter to mid-January. She directed that the defendant provide a replying sworn statement in reply to Ms Looney’s claims before then.