Residential Institutions Redress Board

The Redress Board was set up under the Residential Institutions Redress Act 2002. If you were abused as a child while resident in an industrial school, reformatory or other institution subject to state regulation or inspection you may be entitled to compensation.

Abuse may include any of the following:

Physical
Neglect
Emotional
Sexual

If you have been abused, it is not necessary for your abuser to have been prosecuted or convicted of any criminal offence in connection with the abuse you suffered.

How Redress is awarded

The Board are required by the Act to be "fair and reasonable having regard to the unique circumstances of each application". Under the Residential Institutions Redress Act, 2002 and the Residential Institution Redress Act Regulations 2002 Redress is awarded under the following 4 headings:

Severity of Abuse
Medically verified Physical/Psychiatric Illness
Loss of Opportunity
Additional Redress

1. Severity of Abuse

Firstly, the Board will consider the severity of the abuse suffered by you the applicant and make an appropriate award on a scale of 1-25, with 25 representing the most severe form of abuse.

2. Medically verified Physical / Psychiatric illness

The Board will then, by reference to the medical evidence, assess on a scale of 1-30 severity of the physical and/ or psychiatric illness suffered by you the applicant as a result of the abuse. Psycho-social sequelae.

The Board will then, by reference to any medical evidence and other information provided, assess on a scale of 1-30 the severity of psycho-social sequelae abuse.

3. Loss of Opportunity

Finally, on a scale of 1-15 the Board will assess Loss of Opportunity suffered by you the applicant. In this regard, it should be noted that the Redress Board does not pay compensation for loss of earnings as such, and the Board will not take into account (or pay for) any actuarial material in relation to loss of earnings represented to it by or on behalf of an applicant. However, it should be noted here that if it can be identified that you have suffered a Loss of Opportunity because of inadequate or poor education standards, points may be awarded.

These four separate weightings are designed to produce an overall assessment of the severity of the abuse and the injury suffered by you. When they are added together, the Board will "stand back" and look at the case overall to see whether the total assessment reached in this way is reasonable in the circumstances for the particular applicant; where necessary, it may make an appropriate adjustment to the overall assessment.

4. Additional Redress

Where the injury suffered was not restricted to specific acts of abuse, but was exacerbated by the general climate of fear and oppression which pervaded the institution in which you were resident, additional redress may be awarded by the Board. Without going into any questions of fault on the part of any person or institution, the Board may make such an additional award where it is satisfied that it is appropriate to do so having regard to the exceptional circumstances of the case. Such additional award may not exceed 20 per cent of the redress otherwise payable as a result of the Board's assessment of the severity of the abuse and the injury suffered by the applicant.

Medical Expenses

An award by the Board may include an award for medical expenses incurred or future expenses. The award will, for example include the expenses of medical treatment, including psychiatric treatment, for the injury resulting from the abuse which it was reasonable for the applicant to receive. Future Counselling expenses may also be awarded.

Informal Settlement

If the Board is satisfied that you are entitled to compensation, an offer may be made in settlement of your application for which you are free to accept or reject. If you choose to accept this offer no further proceedings will be necessary. If you reject this settlement offer, your application will proceed to a Hearing by the Board.

Hearing by the Board

If you choose to reject this settlement amount it is possible that the Board will allocate a date for the Hearing of your application. This Hearing will be as informal as possible. All Hearings are in private and are not open to the Public or the Media.

To make a claim

For further information, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.

FAQ - Frequently Asked Questions

How do I make a claim before the Redress Board?

An appointment will be set up for you to meet with one of our Solicitors who specialises in this particular area. An official application form will be completed which will provide the Board with all the relevant information.

There are two types of applications forms:

1. General Application Form - This form is used to apply for Redress on behalf of yourself or behalf of a person under the age of 18 or a person who is incapable of managing their own affairs.

2. Deceased Application Form - This form should be used by any person who is applying for Redress on behalf of a person who has died since the 11th May 1999.

Please bring two of the following documents with you to your initial consultation.

Passport
Driving Licences.
Birth Certificate
Marriage Certificate.
Pension Book
Social Welfare Card or other document
Recent Electricity, Gas or other utility bill.
Or any other official document vouching identify.

In order to qualify for an award the following must be established:

Your identity.
Details in relation to your residence during your childhood in an Institution which must be listed in the schedule to the Act.
If you were abused while so resident and suffered injury, and that such injuries are consistence with any abuse that is alleged to have occurred while so resident.

At the completion of this consultation we will explained the general set up of the Redress Board and you will be given the opportunity to ask any questions.

It may be necessary for you to attend a Medical Expert in this area so that a report can be completed to support your claim. All Experts we use in this particular area are highly experienced and sensitive in relation to the matters involved.

What is the procedure before the Redress Board?

We will forward your completed application form and supporting documentation to the Redress Board.

The Board will liaise with us in relation to obtaining additional information in support of your claim. We will keep you up to date with all matters and when a Hearing date is obtained you will be informed.

Will the Redress Board assess the level of damages to be awarded to me?

The Redress Board will consider your application and take various factors into consideration such as the following:

The Severity of the Abuse and Injury.
Additional Redress in exceptional cases.
Medical Expenses.
Other Costs and other Expenses.

When will I receive my money?

Redress awards are normally paid out in one single lump sum payment. This is generally by means of a cheque.

If I am not happy with the award that I have been offered at the Redress hearing can I claim before the courts?

You will be given an opportunity to consider the settlement amount offered. If you are not satisfied with the award you can apply to the Residential Institution Redress Review Committee for a review of the Boards award.

If you accept the award made by the Redress Board or by the Review Committee on review you will waive your rights to bring a claim before the Courts. You will be given 28 days in which to decide. If you decide not to accept the amount offered by the Redress Board or by the Review Committee you may bring your claim before the Courts.

In Summary

If you have suffered abuse as a child in an Institution and it comes within the scope of the Residential Institution Redress Board Act 2002 please contact our Office to arrange a consultation with one of our Experts in this particular area. We will advise you having regard to your particular circumstances and background in relation to the appropriate manner and place your claim should be commenced.

If we believe that you have had a significant Lost of Opportunity or a Loss of Earnings in relation to your abuse we may advise that your claim be brought before the Courts.

Our Team at Malcomson Law have Expert Nurses, Doctors and Solicitors who specialise in this area and who will provide you with an environment that will make your claim as stress free and as quick as possible.

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Commission of Inquiry into Child Abuse.

In 1999, the Government established the Commission of Inquiry into Child Abuse. This was established following considerable public disquiet about abuse of residents in state-run institutions in previous decades.

The commission of inquiry was established for two reasons:

To provide an opportunity for those who had suffered abuse to tell their stories
For an inquiry to be held into these incidents.

Here are the details of what the Commission of Inquiry is doing:

The Commission to Inquiry into Child Abuse was first established on an administration basis on the 11th May 1999. The Commission to Inquiry into Child Abuse Act 2002 places the Commission on a statutory basis. Provisions of the Act have been amended by the Residential Institution Redress Act 2002.

The functions of the commission are set out in section 4 (1) of the Act. They maybe summarised as follows:

(i) To provide, for persons who have suffered abuse in childhood in Institutions during the relevant period, an opportunity to recount the abuse, and make submissions:

(ii) To conduct an inquiry into the abuse of persons during the relevant period and to determine the causes, nature, circumstances and extent of abuse; to determine the extent to which:

the Institutions themselves in which such abuse occurred,
the systems of management, administration, operation, supervision, inspections and regulation of such Institutions, and
the manner in which those functions were preformed by the persons or bodies in whom they were vested, contributed to the occurrence or incidence of such abuse;

(iii) To prepare and publish reports on the results of the inquiry and on its recommendations in relation to dealing with the effects of such abuse. Details of the time, date and venue for public Hearings are available from the offices of Commission to Inquiry into Child Abuse.
Related Links

http://www.childabusecommission.ie

Please follow this link to the Public Hearings diary page.

http://www.rirb.ie