Judge tells Tusla workers to check on two kids 'to make sure they're still alive'

A judge on Friday requested that TUSLA do a welfare check at the home of two children who haven’t been to school since March as he wants “to know that they are alive”.

At the Family Law Court, Judge Alec Gabbett requested that TUSLA Educational Welfare Officers visit the home of the 13-year-old and nine-year-old boys after being told TUSLA staff haven’t had sight of them for some time.

In an apparent reference to the Kyran Durnin case, Judge Gabbett said: “Does TUSLA know where they are bearing in mind what has been in the newspapers?” He said: “There has been 100 per cent absence from school since March, which is quite extraordinary. There have been no sightings of the children and Mum and Dad are unwell.”

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Judge Gabbett asked: “Where are the children if they are not at school?” Solicitor for TUSLA, Kevin Sherry, said: “That is the concern, judge." Judge Gabbett said that he was requiring the welfare check to be carried out “in the territory we are in this week in all that we are seeing in the news”.

Judge Gabbett said that the welfare check at the address of the family “should be done this morning - I just want to know that they are alive. Someone needs to go out and check this address”. Judge Gabbett said that he was “concerned about these boys because we haven’t seen them. They have 100 per cent absenteeism and we are getting a lot of excuses (from the parents) - anything but come and see me”.

The case was before the court as TUSLA is prosecuting the children’s parents for the boys’ “chronic absence” from their school. In response to Judge Gabbett asking “are they alive?”, solicitor for TUSLA, Kevin Sherry, told the court: “I understand that they are alive. My client hasn't had sight of them for some time.”

Judge Gabbett asked “could they have gone away with friends and relatives? Are they in Ireland?” and in response, Mr Sherry said that he understands that they are in Ireland, between Clare and another county. The TUSLA Educational Welfare Officers later returned to court after carrying out their welfare check to confirm to Judge Gabbett that there was no one at the Co Clare address.

Judge Gabbett issued bench warrants for the two parents to be arrested and brought before the court over their non-appearance for the case.

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