Alleged victim of abuse loses legal battle

An alleged victim of abuse has lost his legal challenge against the Redress Board's decision to refuse his late application for compensation on the grounds of exceptional circumstances.

The board refused to accept the application on grounds that it was made too late.

Today at the High Court Mr Justice Daniel O'Keeffe ruled that the Residential Institutions Board's was entitled to find that no exceptional circumstances that would allow it accept the man's application exist.

The judge further 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 has lived in the UK since the mid-1950's.

He 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 in The News of the World newspaper.

He claimed he did not understand the process, that there was a closing date, or how to apply.

In January 2006 he was eventually advised about the redress scheme at the Irish Centre in Coventry and on January 23, 2006, 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.

As a result of his initial refusal the man and 17 others took 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.

However in a decision made on December 19, 2008, the board again rejected the man's application.

The man, who was not in court for today's judgment was seeking orders from the court aimed at quashing the Board's refusal last December, and a declaration that his particular circumstances constituted exceptional circumstances.