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Fri 3rd September
It had previously been assumed a legal loophole was responsible but Mr McDevitt discovered at meeting of the Assembly’s justice committee that approval of the brothers’ living arrangements had not been obtained despite an order from a judge.
Mr McDevitt said: “Up until now there has been an assumption that the McDermott brothers were able to return to their homes in Donagh, Co Fermanagh due to a legal loophole.
“However, evidence given by senior officials to the justice committee has revealed that it was actually as a result of an administrative error.
“In issuing a Special Treatment Order which is a court order that specifies treatment for those deemed unfit for trial, the judge had specified that a Residence Order would be applied to the McDermott brothers. This would have required a social worker to approve their residence.
“When I questioned officials it emerged that the requirement for a residence order had been omitted from the Special Treatment Order when it was written up by the court.
“This raises serious questions for the justice system and we need both the Ministers for Justice and Health to address immediately and is an issue the I intend to pursue vigorously on the justice committee.”
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