Historical abuse survivors settle High Court case over inclusion in redress scheme

The Four Courts Dublin

SURVIVORS OF HISTORICAL abuse in schools have settled a case with the High Court over their exclusion from a recent redress scheme.

The 10 High Court cases were settled today following a long campaign by survivors and a lengthy legal battle.

The issue in dispute was the State’s refusal to admit survivors of historical abuse in schools to its Revised Ex Gratia Redress Scheme, which was rolled out on 21 July 2021 and ran for two years.

It has now agreed to give each of the 10 survivors in question the ex gratia payment of €84,000 – the same sum that successful applicants are entitled to under the redress scheme.

In April, the Irish Human Rights and Equality Commission was granted leave to exercise its amicus curiae function in the case of KW v the Minister for Education, the Government of Ireland, Ireland and the Attorney General.

This case will not now go ahead as the matter has been settled.

KW was the test case. The nine other cases on the same issue were pending before the High Court.

The Commission said that the concessions made today by the State could have broader implications for survivors of historic sexual abuse in schools who currently have no access to redress.

It says it follow up with government and the Department of Education to discuss the implications of the settlements.

The Commission added that it is still “deeply concerned” that many other survivors of historic child abuse in primary and post primary schools, dating from before 1991 and 1992, have not had access to redress due to “unfair and discriminatory barriers” in both the State’s initial scheme in 2015 and the revised scheme in 2021.

“Currently no redress scheme is in place.”

It’s calling on the Government to immediately establish a new “effective” redress scheme.

“It is important that any new scheme does not repeat the mistakes of the previous schemes by imposing arbitrary and discriminatory pre-conditions,” the Commission said.

Commenting on today’s ruling, Noeline Blackwell, the Irish Human Rights and Equality Commissioner, said: “These are people in Ireland who experienced sexual abuse over 30 years ago in schools as children, and have never had access to justice.

“Today’s developments in the High Court are an important breakthrough. These settlements today are a significant concession by the State. Yet, more needs to be done.”