Abuse survivors should have access to redress scheme, judge says

Survivors of child sexual abuse in schools, who had been denied access to a State redress scheme, are in line for compensation following a ruling by an independent assessor.

Mr Justice Iarfhlaith O’Neill has ruled the State misinterpreted a ruling by the European Court of Human Rights (ECHR) thus denying them access to a redress scheme to which they were entitled.

In 2017, the then minister for education Richard Bruton appointed Mr Justice O’Neill to review cases that were deemed ineligible for redress by the State Claims Agency (SCA).

The redress scheme was set up following a ruling by the ECHR in Strasbourg that the State bore vicarious liability for the abuse of Louise O’Keeffe at the hands of her primary school principal in the 1970s.

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The State had required survivors to have established a “prior complaint” against their abuser to be entitled to the scheme. Mr Justice O’Neill ruled this was compatible with the ECHR judgement.

Compensation

Mr Justice O’Neill’s ruling directly related to the cases of 13 applicants who were turned down for compensation from the State, the judge has concluded that all 13 are entitled to a payment from the scheme.

Emily Logan, chief commissioner of the Irish Human Rights and Equality Commission, said the decision must lead the Government to “immediately put in place a remedy that complies with the O’Keeffe judgment and ensures an effective remedy to survivors of child abuse” in schools.

“Louise O’Keeffe’s long fight for justice should have finally paved the way to an effective remedy for survivors of child abuse in Irish schools, but instead the State’s narrow interpretation of that ruling has served only to block, deny and frustrate victims,” she said.

Minister of State with responsibility for disability issues Finian McGrath welcomed the decision and said the State “must now come into 21st century as regards its treatment of these particular victims”.

He added that the Department of Education and the “State Claims Agency ex-gratia scheme must now act swiftly and I believe a State commendation as well as an apology is also owed”.

Minister for Education Joe McHugh said: “In-depth analysis before decisions are taken on how to respond to the issues raised.”

He said he hoped Mr Justice O’Neill’s work would bring “some measure of closure to some people who were affected by abuse in school and went on to challenge the State”.

“First and foremost my thoughts are with those who were sexually abused in schools. It is a heinous act which left some people feeling robbed of their youth, and others their lives, while other survivors railed against the trauma and overcame it,” he said.