Case No. 29581Other (judicial review – redress payment for childhood sexual abuse) · Co. Dublin · 18 Oct 2021

Leave granted for judicial review of redress refusal in Dublin

A man who was sexually abused by a Christian Brother at a national school in the 1960s sought judicial review of the State Claims Agency's September 2021 refusal of his application for a maximum €84,000 redress payment. The abuser pleaded guilty to charges of indecent assault in relation to several pupils at the school. The man initiated proceedings against the Congregation of Christian Brothers in 2011. On 18 October 2021, Mr Justice Charles Meenan in the High Court in Dublin granted leave for judicial review, finding the applicant had made out an arguable case, and directed the matter return to court the following month.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court18 Oct
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • The man was sexually abused by a Christian Brother at a national school in the 1960s.
  • The abuser pleaded guilty to charges of indecent assault in relation to several pupils at the school.
  • The man claims his abuse occurred before November 1991.
  • The State Claims Agency told the man in September 2021 he cannot apply for the redress payment.
  • The maximum redress payment available is €84,000.
When
The man initiated proceedings against the Congregation of Christian Brothers in 2011.
In court
  • On 18 October 2021, Mr Justice Charles Meenan granted leave for judicial review, finding the applicant had made out an arguable case.
  • The judge ordered the man should not be identified and directed proceedings be served on respondents within 14 days.
  • The matter is to return to court the following month.
Other details
  • The revised ex gratia redress scheme was published on 21 July 2021 to implement the 2014 European Court of Human Rights judgment in favour of Louise O'Keeffe.
  • A 2016 Court of Appeal finding held that claims against the State were bound to fail.
12 statements extracted from the articles
  • whatThe man was sexually abused by a Christian Brother at a national school in the 1960s (irishtimes.com)
  • whatThe abuser pleaded guilty to charges of indecent assault in relation to several pupils at the school (irishtimes.com)
  • whatThe State Claims Agency told the man in September 2021 he cannot apply for the redress payment (irishtimes.com)
  • whatThe maximum redress payment available is €84,000 (irishtimes.com)
  • whatThe man claims his abuse occurred before November 1991 (irishtimes.com)
  • whenThe man initiated proceedings against the Congregation of Christian Brothers in 2011 (irishtimes.com)
  • courtMr Justice Charles Meenan said he was entirely satisfied the applicant had made out an arguable case for judicial review (irishtimes.com)
  • courtThe judge ordered the man should not be identified and directed proceedings be served on respondents within 14 days (irishtimes.com)
  • courtThe matter will return to court the following month (irishtimes.com)
  • otherThe revised ex gratia redress scheme was published on 21 July 2021 (irishtimes.com)
  • otherThe scheme was intended to implement the 2014 European Court of Human Rights judgment in favour of Louise O'Keeffe (irishtimes.com)
  • otherA 2016 Court of Appeal finding held that claims against the State were bound to fail (irishtimes.com)

The reporting

newest first
  1. 18 Oct2021
    Refusal of redress to man over sexual abuse irrational, court told

    Reports the High Court hearing on 18 October 2021 where Mr Justice Meenan granted leave for judicial review of the State Claims Agency's refusal, finding the applicant had made out an arguable case. The matter is to return to court the following month.

    victim, malesuspect, male