Alleged abuse victim appeals against Redress Board exclusion decision
An alleged victim of abuse has commenced a legal challenge against the Redress Board's decision not to accept his late application on grounds of exceptional circumstances.
The man has brought High Court proceedings arising out of the Institutions Redress Board's rejection, last December, of his application under the scheme as being late and refused to find exceptional circumstances existed which would have allowed his application for compensation to be considered.
The man, who cannot be identified for legal reasons, is seeking orders from the court aimed at quashing the Board's refusal, and a declaration that his particular circumstances constituted exceptional circumstances.
He is further seeking declarations including that that the Board's decision was wrong, and that he had insufficient opportunity to submit his application on or before the deadline for applications to the board - December 15, 2005.
The Board has opposed the action. It claims that no exceptional circumstances exist in this case and that its decision was not irrational.
Today the court heard that the man is now in his 70s and has lived in the UK since the mid 1950s.
He had been in St Patrick’s industrial school at Upton in Cork for six years, where he was allegedly abused.
Mathias Kelly QC said his client had been unaware of the redress scheme until November 13, 2005, when he saw an advertisement in The News of the World.
His client did not understand the process, that there was a closing date or how to apply.
