LAST UPDATE | 18 Oct

GARDAÍ INVESTIGATING CRIMES like the murder of Kyran Durnin must obtain warrants to access Tusla files on children who are victims in investigations.

Kyran Durnin had contact with at least one Tusla social worker before he disappeared possibly up to two years ago. 

Gardaí were alerted to the case in recent months when Tusla, following a meeting, assessed that they feared for the safety of the boy. 

The Journal has learned that Tusla had been in contact with Kyran’s school, which he had not attended since a date in 2022. 

Sources have also said that there were confirmed sightings of Kyran in 2022 but that gardaí need to talk to people who may have seen the boy since that date.

Kyran, who would now be eight years old, was reported missing in August of this year, but this week gardaí announced they believed he had died and launched a murder inquiry.

Officers are keeping an open mind on the exact timeline of Kyran’s disappearance.  

It is understood that, in recent years, a number of social workers had been dealing with Kyran’s case but were not aware of his whereabouts.

Part of the investigation is focused on meetings to discuss the case and whether those meetings can give a hint as to what happened to the child. 

Gardaí have been liaising with foreign police forces through Interpol but a source said this is a normal part of a high-risk missing persons case. 

It is understood that gardaí have been in touch with the PSNI and UK authorities. The PSNI did not respond to a request for a statement. 

Sources involved in carrying out investigations have strongly criticised the need to obtain warrants from state agencies like Tusla as they probe this kind of crime. 

One source said: “It is ridiculous that two statutory agencies can’t cooperate fully. This can be solved rapidly – child protection issues are supposed to supercede all decision making, and this can be delayed by going through the process of obtaining court orders to investigate Tusla”.

One major case where this issue was identified was the Munster Abuse Case in which a large number of child victims were found to have been subject to abuse in a large family. One key incident during that investigation was a referral made by a teacher to Tusla. 

It is understood that as gardaí began investigating that case around 2018 they were forced to obtain search warrants for a Tusla office to obtain files. 

A source explained the process for obtaining files from Tusla involves garda investigators going to court to either get an order from a judge under the Child Care Act or to obtain a search warrant. 

A source with knowledge of Tusla’s side of that process said that the organisation can only release documentation without a warrant if they receive consent from a parent or guardian of the person mentioned in the file. If there is no consent then Tusla’s officers will not hand over the documentation without a warrant or court order. 

The source stressed that there was no effort by Tusla to stymie garda investigations and that they were simply complying with the Data Protection Act. 

A spokesperson for Tusla stressed that the agency was working closely with gardaí on the Kyran Durnin case but confirmed that there is a need for legal orders by law in some circumstances.  

“Tusla cannot comment on individual cases, and in particular we are conscious that there is an ongoing Garda investigation into this sensitive case.

“Tusla has been working closely with An Garda Siochana in accordance with our Joint Working Protocol and our legal obligations, and we will continue to work closely with Gardai and other parties as required at this time.

“Tusla releases records in accordance with various legal obligations in place.

“Procedural requirements of particular cases will determine the mechanism which is used for such disclosures, and on occasion a court order may be legally required,” the spokesperson said. 

Gardaí are continuing their investigations and it is believed it is unlikely there will be a development this weekend. 

‘Absolutely devastating’

Speaking on RTÉ’s Six One news this evening, Justice Minister Helen McEntee urged anyone who might have information to contact Gardaí.

“It’s really devastating if this could have been prevented, if this could have been identified sooner. We have to get to the bottom of this,” she said.

“If authorities have failed in their job here, then we need to know that, and we need to understand what has happened here. It’s absolutely devastating to think that a young boy, a young child, could be missing for two years and that the State wouldn’t know about it.

“But any person that has any information, I would plead with them to come forward because we have to understand what’s happened here. We have to make sure this can never ever happen again.”