Redress delay 'causing huge trauma' to child sexual abuse survivors

Louise O'Keeffe. An ex gratia scheme was set up to provide redress to victims of abuse after a landmark legal battle won by Ms O'Keeffe in the European Court of Human Rights in 2014. File picture: Dan Linehan

Survivors of sexual abuse in schools are enduring “huge trauma” due to delays with a review of their redress scheme, which remains closed to victims almost 18 months after they received a State apology.

An update on the State’s progress in implementing a redress scheme for victims of abuse in schools prior to 1992, a copy of which has been seen by  The Irish Examiner, was filed to the Council of Europe this week.

Now, almost 18 months after the scheme was found to be imposing “illogical” conditions on victims, it remains under review, although work is advancing, according to the State's submission.

“The ongoing delays in the review of the ex gratia scheme are unacceptable and cause huge trauma to survivors who are denied their rightful redress,” said Dr Conor O’Mahony, director of the Child Law Clinic at University College Cork.

An ex gratia [without obligation] scheme was set up to provide redress to victims of abuse after a landmark legal battle won by Cork woman Louise O'Keeffe in the European Court of Human Rights in 2014.

The failure of this ex gratia scheme prompted a State apology in July 2019.

A review by an independent assessor of 19 failed applications to the scheme found that the State was imposing “illogical” conditions on victims seeking to apply. Victims were required to provide evidence that a complaint was made against their abuser prior to their own abuse, even if their abuser had been convicted.

The scheme was closed temporarily following this ruling, pending a review. However, it remains closed while that review continues.

The State must file regular updates to the Council of Europe on its progress in implementing the O'Keeffe ruling.

In its latest Action Plan submitted this week, the Irish authorities say the ongoing review of the scheme is taking into account that the prior complaint requirement is an “excessive burden” for applicants.

Any proposed changes to the redress scheme will take into account that the State is satisfied that the Article 13 rights have been addressed and that any action does not “open the State to an interpretation of strict liability for day school sexual abuse before 1992”.

A further update on the review will be filed in June 2021, the submission also notes.

However, there is “simply no question” in relation to strict liability for abuse in national schools, according to Dr O’Mahony.

“Strict liability means liability without fault, but the State was found to be at fault in the Louise O’Keeffe decision," he said. "It appears that it still has not accepted this finding. 

“The Government has had sight of the decision of the Independent Assessor for 18 months and the decision of the Grand Chamber for seven years, far longer than needed to understand their implications.”