Lee in court challenge to mum & baby home report
Philomena claims sections ‘don’t reflect her evidence’
RETIRED nurse Philomena Lee has brought a High Court challenge aimed at quashing parts of the final report of the Commission of Investigation into Mother and Baby homes.
The 88-year-old claims the disputed sections do not accurately reflect her evidence to the commission and breach her fundamental rights, including to fair procedures and natural and constitutional justice.
Ms Lee was sent to the Sean Ross Abbey Mother and Baby Home in Roscrea, Co Tipperary, when she became pregnant aged 18. When her son was aged three he was sent for adoption by a US couple.
Her life was subject of a book, The Lost Child of Philomena Lee, by
Martin Sixsmith, which chronicled her 50-year search for her son. The book was later made into the film Philomena, directed by Stephen Frears and starring Judi Dench in the lead role.
In her judicial review proceedings, Ms Lee claims, while she is not named in the commission’s report, she is readily identifiable in it and was entitled to an opportunity to make submissions on the sections concerning her before the report was finalised.
She claims she should have been provided with a draft report and that the failure to give her the opportunity to make submissions breached her human rights.
Ms Lee’s solicitor Wendy Lyon, in an affidavit on behalf of her client, noted the commission’s findings included there was “no evidence” for the opinion of some women that their consent to adoption was not full, free and informed.
Ms Lee’s evidence to the commission was that she was not given any time to consider a document which she was told to sign and which relinquished her rights to her son, Ms Lyon said. The judge granted leave to lawyers for four other applicants to bring separate challenges.
All five cases have been adjourned to May.