School abuse victims ‘missing out’ on payouts
CHILDREN abused in Irish schools are being unfairly deprived of compensation, according to the State’s human rights watchdog.
The Irish Human Rights and Equality Commission (IHREC) said a “selective” and “restrictive” interpretation of a landmark judgment meant victims were missing out under the redress scheme.
The comments were made in a submission to the assessor of the scheme, retired High Court judge Iarfhlaith O’Neill.
The scheme, which allows for ex-gratia payments of up to €84,000, was set up in 2015 in the aftermath of the 2014 judgment in favour of Cork woman Louise O’Keeffe.
The European Court of Human Rights (ECHR) found the State had been negligent in failing to protect her from abuse in a national school and was liable to compensate her for her suffering.
However, under the State’s interpretation of the ruling, a victim of child sexual abuse is required to establish the existence of a prior complaint before the liability is triggered.
This effectively means that victims are not eligible for compensation if they were the abuser’s first victim or if other victims of the abuser did not make a complaint.
“This narrow interpretation has seen only seven cases settled by the State to date,” said IHREC chief commissioner Emily Logan.
Mr Justice O’Neill is conducting an independent assessment of the scheme.
The IHREC submission to him, which has been seen by the Irish Independent, said: “The State’s interpretation of the meaning of the O’Keeffe judgment and its implications in terms of the requirement of the State to provide a remedy is not constructed on a firm or stable bedrock.”
The submission added that the State appeared to be relying on an argument that the floodgates would open if a less restrictive interpretation was taken.
This stance “disrespects the seriousness of the breach of rights involved”, the submission concluded.
Ms Logan added that the approach taken by the State would only force vulnerable people through the courts to vindicate their rights.
A group of abuse survivors deemed ineligible have already submitted a case to the ECHR. The primary litigant is John Allen, who was a victim of abuse in North Monastery primary school, Cork.