JHG granted permission to appeal abuse redress case to Supreme Court

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

JHG was granted permission to appeal to the Supreme Court over his abuse redress claim in a determination dated 14 December 2016. Dunne J., Charleton J. and O'Malley J. allowed an appeal to that court under Article 34.5.3° of the Constitution from the Court of Appeal judgment delivered on 9 December 2015.

The case concerned abuse suffered at St. Gabriel's Hospital in Cabinteely after his transfer from the National Children's Hospital. The determination described St. Gabriel's Hospital as non-scheduled and the National Children's Hospital as scheduled under the Residential Institutions Redress Act 2002.

The Court of Appeal, comprising Kelly, Hogan and Edwards JJ, had overturned a High Court decision by Kearns P. The High Court had quashed the Review Committee's decision because it had not awarded points for the abuse at St. Gabriel's Hospital, and had remitted the matter to the Residential Institutions Redress Board for an award under the Act.

The Court of Appeal had held that St. Gabriel's Hospital fell outside the compensation scheme. JHG argued that the scheduled hospital became liable by transferring him there. The Supreme Court determination granted leave to appeal.