Dr Niall Muldoon

Dr Niall Muldoon told the Irish Independent that allegations of domestic violence should be treated similarly to allegations of sexual abuse in order to prevent women and children from becoming homeless.

A survey conducted for the 20th anniversary of the Ombudsman for Children’s Office (OCO) found that “housing in the future” is an important concern for a third of secondary school students.

Dr Muldoon said: “Legally, we should be in a situation where it shouldn’t be the mother and children who leave [in domestic abuse cases], it should be the alleged offender. That’s the circumstance if someone alleges sexual abuse. The offender would be asked to leave the home.”

He said removals “without any suggestion of wrongdoing, without hampering anybody’s rights” would reduce pressure on refuges and emergency accommodation.

The ombudsman said: “We are finding ourselves in a real morally bankrupt situation in which the children who leave, after severe violence in their home, are finding that the mother’s deciding, ‘I’ve given it my best shot, I can’t do any more, I have to go back’, which hands more power back to the violent offender.

“Because they say, ‘Right – you can’t leave me now. You know you can’t leave me now’. And then we are back to no options as far as that mother and children can see. That’s wrong.”

He said a number of lawyers agree with him, but no effort had been made to change law and practice.

“I’m not sure what the rationale is, but it seems very wrong,” he said.