A social worker who failed at-risk children advises in custody battles
John Martin provides reports to family courts – despite f inding of misconduct
A SENIOR social worker found to have failed children who were placed in inappropriate foster homes is now working in the family courts as a courtappointed expert, the Irish Mail on Sunday can reveal.
John Martin is involved in cases currently before the family courts, where he provides expert Section 47 reports relating to the welfare of children, despite being sanctioned in 2022 over allegations made against him.
He also works as a Guardian Ad Litem – a person who supports children in having their voices heard in court.
Section 47 reports are intended to provide the court with information about issues affecting the welfare of family members, usually the children, in a family court case.
These reports can be ordered by the court directly or following an application by one of the parties to the case. The solicitor or barrister for one of the parents may apply for a Section 47 report to be done.
However, there are no regulations setting out who can provide Section 47 reports, and no minimum qualifications are required.
One source familiar with the practice told the MoS: ‘Anybody can set themselves up as a reporter for child court reports, set up a website and/or office, and there’s no legislation in place to check these people.’
In 2022 a Fitness to Practise inquiry by Coru, the regulatory body for social workers, found a series of allegations proven against John Martin, a former director of fostering at Fresh Start, a childcare service provider in Carlow.
The inquiry heard claims that one girl was having sexual relations with the sons of her foster parents. Mr Martin was also accused of failing to notify the State child and family agency Tusla of an incident in which two girls in care arrived home very drunk, after which one girl cut her left arm with a razor blade.
The inquiry heard Fresh Start filed a child notification report two months after a foster parent had reported that a child in her care had told her she had been raped and physically abused by her uncle and cousin.
On another occasion, Mr Martin failed to report a claim by a girl that she felt unsafe after her foster father acted ‘creepy’ by coming into her bedroom at 3am on the first night of her placement in December 2015.
The ruling on Mr Martin followed a public inquiry held over eight days between November 2021 and March 2022.
It examined complaints first notified to Coru in 2017 arising from highly critical reports by HIQA following inspections of Fresh Start.
Coru’s Professional Conduct Committee examined 17 allegations relating to children placed in foster homes in mid-Leinster.
Evidence was heard that many of the placements ended abruptly with some cases requiring gardaí to make emergency care orders.
The committee found Mr Martin guilty of professional misconduct and poor professional performance for placing seven children in a foster home between January 2015 and February 2016 when he knew it was contrary to an agreement reached with Tusla in December 2014.
The inquiry heard several of the children had very complex needs.
Committee chair Susan Ahern said that Mr Martin had known that no more children should be placed with a certain family until concerns raised about them had been addressed. In his defence, Mr Martin insisted his actions were ‘good and safe’ and that he believed he was doing the right thing for the children.
The committee did not disclose the sanction it recommended to Coru to impose on Mr Martin.
The owner of Fresh Start, David Durney, told the inquiry that the fostering service had been losing money and it needed to arrange more placements. However, Mr Durney rejected any suggestion that pressure had been put on the staff or that Mr Martin would have placed a child in foster care ‘just to get more money’.
Despite the finding of misconduct, Mr Martin now works as a court-appointed expert and Guardian Ad Litem after setting up his own business in 2017.
His website states he provides ‘a comprehensive service for children, young people, vulnerable adults and parents who are engaged in family disputes’.
It goes on to say: ‘The key components of this service provision include Guardian Ad Litem, Section 47 Reports which are undertaken in a collaborative practice approach to enable the best possible outcomes for children and young people.’
His expertise also includes ‘court ordered supervision access’ and ‘expert witness reports for the high court’.
Asked this weekend if his work in the family courts is in any way at odds with the findings of misconduct against him, Mr Martin told the MoS: ‘Coru struck me down as a social worker and they permit [me] to practise as a Guardian Ad Litem and to undertake Section 47 reports.
‘I used to do Guardian Ad Litem and Section 32 reports and Section 20 reports because they are restricted to social workers.’
‘Many of the placements ended abruptly’