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Abuse survivor challenges exclusion from State compensation scheme

Summary

A High Court judge has granted permission for an anonymous abuse survivor to challenge his exclusion from the State's compensation scheme for historical child sexual abuse. The applicant, represented by James O'Reilly SC, was sexually abused by Christian Brother James Tracey, a teacher at a primary school in the 1970s. Tracey was convicted by juries at the Circuit Criminal Court and sentenced to three and a half years in prison in 2017. The applicant sued the Christian Brothers order for damages but did not sue the State, citing Irish court rulings in the case of Louise O'Keeffe, who was abused by teacher Leo Hickey. Although O'Keeffe lost in the High and Supreme Courts, the European Court of Human Rights ruled in her favour in 2014, leading to the establishment of the compensation scheme. The applicant's 2023 application was refused because he had not brought civil proceedings against the State prior to July 2021, a requirement introduced in the scheme's 2021 revision. He argues this condition is discriminatory, unconstitutional, and breaches the European Convention on Human Rights. Ms Justice Niamh Hyland granted the ex-parte application for judicial review against the Minister for Education and the State. The matter was adjourned and will return before the court later this year.

Who, what, where, when and why

What: Report matter: Abuse survivor challenges exclusion from State compensation scheme. Procedural stage: sentence

When:

• November 1991 Other
• July 2023 Other
• July 2021 Hearing Or Sentence
• 2024-01-16 Publication

Why: Represented by James O'Reilly SC, the man is one of over a dozen people taking similar actions after they were excluded from the scheme because they did not bring damages claims against the State prior to making their applications. CNI source report

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Read the original CNI report