Chapter 5 — Lota

Introduction

The Investigation Committee asked the Brothers of Charity to clarify Br Dieter’s statement, and further requested if the Brothers of Charity had assessed the boys to ascertain this fact.

The legal representatives on behalf of the Brothers of Charity wrote the following: Most of the children at Lota suffered from a learning disability. Our client believes that Brother Dieter’s reference to some boys being normal was intended as a reference to the fact that a small number of the boys at Lota came from different circumstances. For example, whilst our client believes that it could not occur now, some boys were sent to Lota because there was no other institution better – suited to their needs available to them. Other boys were there because they were born outside of marriage, some boys were orphans, while others were placed for other social reasons – such as their family not being able to cope.

It was a school designed to cater for boys with mild to severe learning disability, yet boys without a learning disability were sent there and kept in the School for years. Even when it became known to staff in the School that these boys did not have a learning problem, no provision was made for them to be educated at a level appropriate to their needs. Not surprisingly, they resented their placement and retention in Lota, and their lives were blighted by the inadequate education they received.

One witness told the Investigation Committee that he believed he was sent to Lota for no other reason than that he had been truanting from school. He stated As I say, I believe I am quite intelligent. I can pick up things, 99% of things. If I learn about something I will know about it forever. I am very interested in science for instance. I have done a lot of study into science, into space travel and stuff like that. I am very interested in a lot of that. I have done a lot of study into that and I am interested in that but I do not think I had the education good enough to have been able to follow it up, which I would have loved to do.

When asked if he felt that he was in any way educationally handicapped, he replied ‘No’. He was asked if he felt he was inappropriately placed in Lota, and he replied: Maybe it was my own imagination but I felt that I was not mentally handicapped. That if I was given an opportunity, I could learn properly ... I was able to pick things up a lot quicker. When something was told to me I could understand it much easier than some people you know. I do not know why I could do it but that is the way it was with me.

There were 12 complainants in respect of Lota. Three of these complainants were heard by the Commission in 2002.

A high duty of care is owed to children who are less able to look after themselves, by reason of physical or mental incapacity. The children in Lota fell into this vulnerable category.

Children with learning disabilities rely heavily on adults to help them cope with everyday life. Whether raised at home or in institutions, they are more vulnerable because they are less exposed to the normal risks of life, and their lack of experience can leave them unable to assess risks in general.

In addition, children wiith learning disabilities may be less aware of social rules that govern everyday behaviour. They can be led into situations posing dangers that would have been avoided by children who had had the opportunity and ability to learn how to assess risks realistically. Learning disabled children, particularly those raised in institutions, often fail to see any risk at all. They may be unaware of what is socially and morally unacceptable, and as a result they are vulnerable to abuse and exploitation.

If children with a learning disability are harmed or abused, their disability and inexperience leaves them even more uncertain than other children as to what to do about it. If the person who is there to protect them is also the person perpetrating the abuse, then their confusion is complete.

Bearing these issues in mind, the Investigation Committee had to do more than assess whether abuse occurred in Lota. It had to assess whether the management structures and care arrangements were such that they could provide the additional level of care owed to the vulnerable population entrusted to the Brothers of Charity.

Two Government Departments, The Department of Health and the Department of Education, were responsible for supervising services in Lota. The Department of Education inspected the education provided in Lota. They officially recognised the National School in Lota in 1955.

The Department of Health also inspected the premises, but only in relation to direct funding of capital development projects. The Investigation Committee asked the Department of Health about their inspection regime for institutions for persons with intellectual disabilities between the period 1939 and 1990, and they replied: From enquiries made both within the Department and the H.S.E2 (S.H.B3. area as Lota is based there) this division is not aware of any inspections having being carried out by the Department or then Health Board staff on institutions for persons with intellectual difficulties between the period 1939 and 1990.

The Department was also asked specifically if it had carried out any inspections in Our Lady of Good Counsel, Lota during the period 1939 to 1990. The Department replied: From enquiries made both within the Department and the H.S.E (S.H.B. area) this division is not aware of any inspections having being carried out by Department in Our Lady of Good Counsel during this period.

The Department of Health stated that the ‘only inspections carried out and on behalf of The Department of Health and Children during the period 1939 to 1990 were in respect of children in Care in Foster Homes’.