New redress scheme for school sexual abuse scheme still raises concerns 

Louise O'Keeffe: New scheme 'a welcome step forward but really they have been dragged to this point, kicking and screaming'. File picture: Dan Linehan

While the reopening of a revised redress scheme for victims of sexual abuse in schools has been cautiously welcomed, concerns remain it may still exclude applicants. 

On Wednesday, the Government approved the reopening of a revised ex gratia scheme for the victims.

It expects to provide for 350 individuals, and specifically 210 people who discontinued their cases in the domestic courts.

It is now open to those who issued legal proceedings against the State on or before July 1, 2021, seeking damages for sexual abuse in schools where the abuse took place before 1992.

The original ex gratia scheme, set up for survivors in the wake of a landmark ruling in a case taken by Cork woman Louise O’Keeffe, closed more than two years ago after a highly critical independent review into its failings.

Prior complaint requirement removed

A requirement for victims to provide evidence of a prior complaint against their abuser has now been removed, and those applying for payment will instead be subject to a “real prospect test”.

This involves demonstrating that if the guidelines for dealing with allegations or suspicions of child abuse had been in place at the time, there would have been a “real prospect” of altering the outcome or mitigating the harm suffered as a result.

“It’s a welcome step forward but really they have been dragged to this point, kicking and screaming,” Louise O’Keeffe told the Irish Examiner.

“It’s been blatantly obvious that what they had done with the scheme in the first place was all wrong. I am very disappointed with the deadline [for initiating legal proceedings] they have given,” she added. 

“In the residential institutions, when they did the redress scheme, there was no requirement of having initiated legal proceedings.”

Announcing the new scheme, Education Minister Norma Foley said abuse in schools "should never have happened”. 

I would like, now I have the opportunity, to extend my sympathy and apology to all survivors of abuse and in particular to acknowledge Louise O'Keefe who herself is in receipt of this richly deserved State apology." 

The care and protection of children must be at the centre of the educational sector, she added.

According to Professor Conor O'Mahony, director of the Child Law Clinic at University College Cork, the requirement that prior litigation must have been taken will automatically exclude anyone who has not yet filed any court proceedings. 

"I remain concerned that the revised ex gratia scheme will exclude a considerable number of deserving applicants," he said. 

While the "prior complaint" criteria has been removed, two other criteria applied in the first version of the scheme remain, he said. 

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This includes the filing of court proceedings, and that the applicant's claim is not statute-barred for falling outside the prescribed limitation period for filing court proceedings.  

It remains to be seen how the "real prospect test" will be applied in practice, he said, adding: "I am deeply concerned that there is scope for a very restrictive approach."  

Details on the revised ex gratia scheme and the full terms are available on www.gov.ie