{"id":29625,"date":"2023-11-28T23:09:46","date_gmt":"2023-11-28T23:09:46","guid":{"rendered":"https:\/\/legalblog.ie\/?p=29625"},"modified":"2023-12-08T23:08:53","modified_gmt":"2023-12-08T23:08:53","slug":"institutions-redress","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/institutions-redress\/","title":{"rendered":"Institutions Redress"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/institutions-redress\/#Redress_Board\" title=\"Redress Board\">Redress Board<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/institutions-redress\/#Application\" title=\"Application\">Application<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/institutions-redress\/#Hearings_I\" title=\"Hearings I\">Hearings I<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/institutions-redress\/#Hearing_II\" title=\"Hearing II\">Hearing II<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/institutions-redress\/#Applicants_Requirements\" title=\"Applicant&#8217;s Requirements\">Applicant&#8217;s Requirements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/institutions-redress\/#Awards\" title=\"Awards\">Awards<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/institutions-redress\/#Regulations\" title=\"Regulations\">Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/institutions-redress\/#Various\" title=\"Various\">Various<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Redress_Board\"><\/span>Redress Board<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Residential Institutions Acts established compensation following the work of the Commission to Inquire into Child Abuse.\u00a0 The Commission&#8217;s investigations established facts concerning the allegations of abuse and the Redress Board decided levels of damages.<\/p>\n<p>The government decided to establish a Redress Board in advance of the completion of the \u00a0Commission\u2019s report and the Residential Institutions Redress Act was passed on 2002.<\/p>\n<p>The Board used for the official application form which sought \u00a0information regarding the subject matters for application for redress.\u00a0 Applicants were entitled to apply in person or were entitled to legal assistance. \u00a0\u00a0The Board pays solicitor\u2019s reasonable costs and expenses.\u00a0 Third party support groups or family members could assist.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Application\"><\/span>Application<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The main date before which the application had to be made was 15th December 2005.\u00a0 Late application could be considered up to 16th September 2011.\u00a0 The Board power to consider such late applications ceased under the Residential Institutions Redress Amendment Act 2011 on 16th December 2011.<\/p>\n<p>Persons who died after 1<sup>st<\/sup> May 1999 could be the subject of redress on behalf of the representative.<\/p>\n<p>The Board on receipt of application considered what \u00a0further information was required.\u00a0 It must be satisfied in relation to medical evidence and other injuries.\u00a0 The<\/p>\n<p>Board is required to ask the persons named as responsible for abuse. Representatives of the institutions in which the abuse took place were required to provide the Board with evidence relevant the application.\u00a0 They are given a full copy of the application and further information lodged by the applicant.<\/p>\n<p>If the Board was satisfied the applicant was entitled to redress, it sought to make an informal settlement.\u00a0 If the informal settlement was not offered the matter proceeded to hearing by the Board.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Hearings_I\"><\/span>Hearings I<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Hearings were informal and conducted by a panel of two or three members of the Board.\u00a0 Applicants were allowed to call verbal evidence and were allowed to cross-examine witnesses.\u00a0 Persons named in the application or the institutions representing them were entitled to take part.<\/p>\n<p>Hearings were in held in private.\u00a0 Exceptionally the Board might permit a close relative or other person to be present.<\/p>\n<p>The Board&#8217;s registrar compiled written evidence to be considered at a hearing of the application.\u00a0 The applicant was entitled to give oral evidence himself or through witnesses.<\/p>\n<p>The Board could decide that it was appropriate to have an oral \u00a0hearing and might \u00a0request the applicant or others to give verbal evidence. The Board might \u00a0may consider it appropriate to hear \u00a0evidence of the applicant or his \u00a0medical advisors in respect of a medical report.<\/p>\n<p>The Board&#8217;s registrar compiled at dossier of hearing papers.\u00a0 This consisted of application forms,<\/p>\n<ul>\n<li>other documents submitted<\/li>\n<li>written statements<\/li>\n<li>medical reports,<\/li>\n<li>medical reports made by the Board&#8217;s medical advisors.<\/li>\n<\/ul>\n<p>If the applicant did not have the above papers already they were forwarded prior to the hearing.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Hearing_II\"><\/span>Hearing II<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Board could award costs to witnesses but could not do so if they are called unnecessarily. The Board gave give a notice of hearing between four and six weeks beforehand.\u00a0 It is open to consider alternative arrangement.<\/p>\n<p>The Board was normally represented by a solicitor or counsellor at the hearing. The applicant \u00a0need not necessarily be accompanied by a solicitor or counsellor.\u00a0 The role of solicitor or counsellor was advisory and not adversarial.\u00a0 The Board generally permitted costs for one solicitor and one barrister.<\/p>\n<p>The Board could not compel persons to give evidence. The \u00a0hearing was not a court of law, and the procedure was kept as informal as possible.\u00a0 Person giving oral evidence did so on \u00a0oath or affirmation.\u00a0 All persons were bound to tell the truth and there were penalties for deliberate untruthfulness \u00a0or intentional misleading.<\/p>\n<p>The Board members considered their decisions after the hearing.\u00a0 In some cases, the decision was given immediately or in some cases it was reserved and given later in writing.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Applicants_Requirements\"><\/span>Applicant&#8217;s Requirements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An applicant was obliged to prove<\/p>\n<ul>\n<li>evidence of his identity<\/li>\n<li>presence at the residential\u00a0 institution<\/li>\n<li>abuse sustained \u00a0and<\/li>\n<li>injury suffered in consequence.<\/li>\n<\/ul>\n<p>The \u00a0Board may request at its own behalf or on behalf of an applicant by notice or in writing any person to \u00a0produce to the Board documents under its possession custody or control.<\/p>\n<p>The Board appoints persons with appropriate medical and related \u00a0expertise to advise generally in relation to the injuries.\u00a0 Without prejudice to the right to put forward evidence the experts prepared a report in relation to the injuries of the applicant for the purpose of the award. The Board may appoint it own counsel or \u00a0call expert witnesses to give evidence as the Board requires.<\/p>\n<p>The Board sat in divisions to exercise of its functions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Awards\"><\/span>Awards<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Board made an interim and final award of redress.\u00a0 When it made a preliminary decision and was satisfied \u00a0entitlement to an award arose, it might having regard to age and infirmity, if it considered appropriate to make an interim award of up to \u20ac10,000.\u00a0 This was deducted from the final award.<\/p>\n<p>The final award was made by the Board. This was to be fair and \u00a0reasonable sum \u00a0having regard to circumstances.\u00a0 It was \u00a0assessed by the reference to the following criteria<\/p>\n<ul>\n<li>severity of the abuse and injury sustained based on medical evidence;<\/li>\n<li>emotional and social effects \u00a0and<\/li>\n<li>loss of employment or other opportunities.<\/li>\n<\/ul>\n<p>Direct compensation for loss of earnings was not permitted.<\/p>\n<p>Additional redress of up to 20 percent could be ordered were the Board considered it was appropriate to do so.<\/p>\n<p>Awards could be made for medical expenses incurred for \u00a0present past or future medical or psychiatric treatment for the effects of injury suffered. Other costs and expenses reasonable incurred including the reasonable causes of legal representation could be awarded.<\/p>\n<p>The sums were generally paid by a lump sum payment.\u00a0 A person who was dissatisfied with the award could apply to the Residential Institutions Redress Committee for review.\u00a0 The Committee could uphold increase or decrease the award.<\/p>\n<p>A person who applied to the Board must agree to give up on the right to civil \u00a0compensation in respect of the abuse covered.\u00a0 A person who did \u00a0not accept the award made by the Board or Review Committee on \u00a0appeal could make an application to courts if they are dissatisfied with the level of the award. However, it was not possible to make a second application to the Board.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Regulations\"><\/span>Regulations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minster could make regulations specifying the amount to be paid for abuse, injuries and medical expense.\u00a0 He is to have regards to reports prepared with medical and legal expertise on \u00a0the number of awards for categories of abuse including severity of abuse categories of injury the advice and recommendations generally in respect of such awards including advice in the range of the amount to be paid in an award having regards to the category of abuse and injury.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Various\"><\/span>Various<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Utterances by the members or the Board, the Review Committee or members of staff were privileged from legal action. The Board or Review Committee might require evidence on oath.<\/p>\n<p>The Board may have costs taxed by the taxing master.<\/p>\n<p>The relevant institutions were scheduled and numbered over 130. The Board paid an average \u20ac63,000 in its awards.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-29625\" data-postid=\"29625\" class=\"themify_builder_content themify_builder_content-29625 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Redress Board The Residential Institutions Acts established compensation following the work of the Commission to Inquire into Child Abuse.\u00a0 The Commission&#8217;s investigations established facts concerning the allegations of abuse and the Redress Board decided levels of damages. The government decided to establish a Redress Board in advance of the completion of the \u00a0Commission\u2019s report and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[382],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29625"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=29625"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29625\/revisions"}],"predecessor-version":[{"id":30019,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29625\/revisions\/30019"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29625"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29625"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29625"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}