Alleged victim loses compensation case
AN alleged victim of institutional abuse has lost a High Court challenge against a decision not to accept his late application for compensation.
The Residential Institutions Redress Board refused to accept it because he made it after the deadline for such claims.
Mr Justice Daniel O'Keeffe yesterday ruled the board was entitled to find there were no exceptional circumstances that would have allowed it to accept the man's application.
The judge also held that the board's refusal to accept the application, because it was submitted out of time, was not unreasonable nor irrational.
The man, who cannot be identified for legal reasons, is in his 70s and had been in St Patrick's industrial school at Upton, in Cork, for six years, where he claims he was abused.
The man claimed he was unaware of the redress scheme until November 13 2005, when he saw an advertisement.
He also claimed he did not understand the process, that there was a closing date, or how to apply.
On January 23, 2006 he filled out an application form.
It was rejected by the Redress Board, initially in May 2006 and again in May 2007, as being out of time. The man and 17 others took the High Court action to challenge the board's refusal to accept their applications.
These were settled when agreement was reached that the board would conduct oral hearings, which took place last October.
But on December 19, 2008 the board again rejected the man's application.
The man sought orders aimed at quashing the board's refusal last December, and a declaration that his particular circumstances constituted exceptional circumstances.
The board had opposed the action, and argued that no exceptional circumstances existed.
- Tim Healy
