The Shame of Ireland

The Shame of Ireland

They Said that Applications to the Redress Board are CLOSED! This is a Lie!!

Way cleared for abuse survivor to seek compensation from redress board

The way has been cleared for a woman who suffered institutional abuse to make a late claim for redress following the Supreme Court’s finding in favour of her challenge.

She had applied for compensation to the Residential Institutions Redress Board but was refused because her application was too late.

Ms Justice Susan Denham delivered judgment in the case which was heard during the historic first sitting of the Supreme Court in Cork. She said the board erred in the exercise of its discretion and that its decision to refuse was irrational.

The woman’s identity cannot be published because of the allegation of sexual abuse.

Ms Justice Denham said that the act of 2002 under which the board was established was remedial in nature and that their allowance for exceptional cases to be allowed to make claims even when late had to be interpreted according to that remedial nature.

“In this case the appellant submitted that at the time when she might have been expected to make an application she was suffering from mental health issues,” Ms Justice Denham said.

“Applying the criteria for ‘exceptional circumstances’ given by the board itself [to the psychiatrist’s findings] it is clear they meet the test of exceptional circumstances.

“The appellant’s personal family situation, her isolation, her psychological distress suffered as a consequence of her childhood in institutions, her active suppression of memories of her lifetime in institutions for many years, the fact that she could not cope with the memories until she received counselling, that she could not apply to the board until she had received counselling, and her health difficulties were all prevailing factors at the relevant time.”

The appellant’s senior counsel, Niamh Hyland, said the 33-year-old applied to the board for compensation but her application was refused because she was too late.

Frank Callanan, senior counsel for the board, said they had allowed over 80% of late applications and had discretion in the matter.

He said the redress scheme had been heavily promoted and advertised through the media and that the woman was effectively saying she had absolutely no recollection of ever having heard anything about it and that this was why the application was late.

Summing up, Ms Hyland said: “Because of the nature of the function of the board, the idea that they keep people out because they came late to the knowledge of the scheme is not in keeping with the statue.”

Source:

http://www.irishexaminer.com/ireland/way-cleared-for-abuse-survivor...

Niamh Hyland's preferred point of first Contact in the is matter is Eamon Murray & CO.

Simply Click the Link to see Contact details for him?

Views: 461

Comment by Rob Northall on May 24, 2015 at 17:54

Ms Niamh Hyland SC

Qualifications
LL.B BCL(Oxon)
Junior Counsel
1994
Senior Counsel
2012
Address
Distillery Building 145-151 Church St Dublin 7
DX
816316B
Telephone Numbers
01-817 2953
Email Addresses
nhyland02@gmail.com
Additional Languages
French (Working)
Circuits
Dublin
Areas of Practice
Administrative Law
Commercial/Chancery
General Practice
Specialisation
Competition Law
European Law
Public Procurement
Environmental Law
Planning & Local Government Law
Direct Professional Access
Provided
Comment by Elizabeth Nicholas on May 24, 2015 at 18:44

This is a disgraceful way to treat someone who has been to hell and back.   I have read that the religious have not paid out all they should have so what happens    to monies that are left in the pot.  As for Mr Callanan saying that the redress board had been heavily advertised is untrue,  I did not know about until another survivor who I tracked down told me about redress, and suggested I start with Barnardos who were most helpful. 

Comment by Doctor Rosaleen Rogers on May 24, 2015 at 21:36

The Nuns were involved in administering drug trials to detainees in mental hospitals without informed consent When will the Catholic Church say sorry and pay these forgotten children now old and in frail health...Rosaleen

Comment by Seamus Johnston on May 24, 2015 at 23:20
all should have gone to the courts-m there were all muh better off then that.

seamus
Comment by Elizabeth Nicholas on May 25, 2015 at 14:13

Take heed Survivors,  I would not be surprised if caranua goes down the same route as the redress board and our money will disappear for good.  I will be emailing Mary-Lou she is a Minister,   I am still battling for financial help from caranua and not giving up our money will go sooner rather than later, those people on the board should not have salaries from the fund, will have to sign off getting cross once again. 

Comment by jack colleton on May 25, 2015 at 15:20

I Emailed Mary Lou The Most Personal Stuff And She Did Not Respond.  I Hope She Does Not Treat Anybody Else The Way She Has Treated Me!

Comment by Doctor Rosaleen Rogers on May 25, 2015 at 15:24

Mary Lou never responded to me either...She has seen the great now she should see the good

Comment by jack colleton on May 25, 2015 at 20:27

Beautifully Expressed Doctor Rosaleen Rogers! 

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