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Teen's death inquest recommends review of child welfare services

Daniel McAnaspie was 17 when he was killed in 2010
Daniel McAnaspie was 17 when he was killed in 2010

The jury at an inquest into the death of a teenager, who was in the care of the State when he was murdered over 15 years ago, has recommended the State carry out an urgent review of its approach to child protection and welfare.

Returning a verdict of unlawful killing, the jury also made a number of other recommendations that, if implemented, could lead to changes in the delivery of child protection and education services.

Daniel McAnaspie had more than 20 care placements in the 15 months prior to his death as his life became "increasingly chaotic", the inquest in Trim, Co Meath, previously heard.

The teenager, originally from Finglas in Dublin, had been known to care services from birth and was in the care of the State after losing both of his parents at a young age.

The inquest had been told that while the rest of Daniel's family remained in his life, they eventually could not provide the care he required.

In February 2010, Daniel was stabbed to death at Tolka Valley Park near Blanchardstown.

His badly decomposed remains were found in a deep drain on a farmer's land in Rathfeigh, Co Meath, two months later.

In 2017, Richard Dekker from the Blanchardstown area of Dublin 15 was sentenced to life in prison for his murder.

A second man, Trevor Noone, also from Blanchardstown, pleaded guilty to manslaughter for his role in the 17-year-old's death.


Watch: 'It's been hell,' says family of Daniel McAnaspie after inquest


Returning a verdict at the inquest, the jury of three men and three women made a number of recommendations.

The jury recommended that the State carry out a review of its funding to child protection and welfare services delivered by Tusla to ensure that the agency has sufficient resourcing to keep children safe and that the agency review its approach to providing care services.

The jury said: "It is imperative that a case like that of Daniel McAnaspie must never happen again. If this were to occur, his death would have been in vain."

It also recommended that an inquisitorial panel of suitably qualified professionals be appointed urgently to consider the appropriate level of special care bed capacity that is required at the time of this inquest.

The voice of the child, it said, should be front and centre of decisions around placement and that particular heed be taken of children who themselves request to be placed in secure care for their own safety.

It said that if a determination for special care is refused by Tusla, there should be an independent appeal process to reconsider the determination.

Before the verdict was reached, the inquest heard that between March 2009 and his murder the following February, at least three applications had been made to the HSE care committee for Daniel to be placed in a secure care accommodation setting from which he would be refrained from leaving.

However, the inquest was told all of these applications were refused at a time when the system was under severe pressure.

A young person who is deemed to be at such risk to themselves or others as to need therapeutic residential care may be detained in secure care by the High Court.

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Speaking before the verdict was returned, Coroner for Co Meath Nathaniel Lacy told the six-person jury that the only verdict they could return is death by unlawful killing.

However, Mr Lacy said the jury could have also "append" a set of general recommendations to their verdict to prevent similar deaths occurring in the future without proportioning blame, if they so wish.

Speaking outside Trim Courthouse after the verdict was reached, Daniel's younger sister, Cathriona, and aunt, Sabrina McAnaspie, said they felt let down by the State.

The Director of Special Care Services with Tusla told the inquest about the number of secure care beds currently available in the system.

Mark Smith said there are currently 26 beds available at the State's three secure care facilities. However, just 14 are available at any one time due to staffing difficulties.

The jury heard earlier in the week that it is recommended there should be a total of 70 such beds available and fully staffed in the State.

Mr Smith said there are currently five children or teenagers who have been approved by the High Court for secure care but are waiting for a bed to become available.

However, one of these beds is expected to become available immediately.

The inquest was told that a person must be aged between 11 and 17, not have come before the courts on a serious criminal matter and not be able to have their care needs met in the community to be eligible for secure care.

However, Mr Smith said a high threshold had to be met for a secure care placement to be approved as it would restrict a young person's liberties and it is a method of last resort.

He said that on average, there are two to three children waiting for a secure care bed at any one time.

In the previous 12 months since Mr Smith has taken up his current role, around 15 secure care applications had come before the designated Tusla committee, of which ten had been approved and gone before the High Court.

Mr Smith said that the intensity of the work facing social care workers was having a massive impact on both the recruitment and retention of staff, particularly as children are presenting with more complex needs.

However, he agreed that the pay for workers in the sector is also having an impact on current staffing levels and if pay rates were "significantly better than retention rates would be significantly better".

Earlier in the week, the inquest also heard from Daniel's Guardian ad Litem, Aileen Dunne - the person appointed to represent his best interests in legal proceedings.

Ms Dunne said that Daniel was aware of his own "impulsivity" and made it clear to her on a number of occasions that he would prefer to be what she described as "locked up" so that he would feel safe.

She said that as far as she was aware, the only criteria that Daniel did not meet for secure care was that there was no bed available.

She said she was aware of a crisis at the time in terms of resources and the number of places for secure care.

Ms Dunne said that Daniel was a "beautiful boy" who did not have a "bad bone in his body".

She added that while Daniel "did do criminal things," they were not "borne by any badness" and she became visibility upset when she told the inquest about learning that Daniel had been murdered.

The inquest before the jury of three men and three women at Trim Courthouse began on Monday.