Procedures followed in investigating claims of sexual abuse were fundamentally flawed

Judicial review – child care – substantive hearing – nurse accused of sexual abuse - statement of allegations - sister accused him of abuse - risk assessment arising from allegations -  obliged to notify his employer that retrospective allegations had been made against him and that he had agreed to undertake an assessment – interview - concluded that he had abused his sister - placed on administrative leave  -  further risk assessment – did not take part in polygraph testing - acknowledged that he had inappropriate feelings for his sister - agreed to undertake such other psychological examination or interviews as might be deemed reasonably necessary - never acted on those feelings which were very brief and fleeting - consent to assessment  - assessment - complete dissatisfaction with the manner in which the assessment had taken place - responsibilities and jurisdiction in issues of child protection of the Child and Family Agency - function of the Health Board as a Child Protection Agency differed fundamentally from the prosecutorial function of An Garda Síochána and the Director of Public Prosecutions - has to be a reasonable assessment of each complaint - essential that a person charged with wrongdoing should be informed of what is being alleged against him and that he should be given a reasonable opportunity to make his defence - failed to ensure that he was fully informed of the allegations made against him and furnished with all relevant materials upon which they were based - failed to meet the requirements of fair procedures – failure to afford an oral hearing -  right to cross-examine  -  court is not satisfied that the procedures required in a child protection assessment of risk which is largely investigative in nature should approach those of a criminal or civil trial – no independent assessment – procedures followed were fundamentally flawed – judicial review granted – prohibition on further publication - can carry out a fresh investigation.