Exceptional Circumstances

When the board first closed for business in 2005, it was thought that only very exceptional circumstances would enable an applicant apply for compensation out of time. Time has shown the circumstances to have become less restrictive than was at first thought.

Following the publication of the Ryan report (Executive Summary, or full report) , which published, after many years of waiting, the results of the Irish Commission Investigation, there was a lot of anger, so shocking was the report. There were political movements to change the law so as to re-open the Redress Board. At the time of writing this page (November 2009) no legislation has been passed.

The circumstances that might qualify for a late claim might be (this is not an exclusive list)

1. Mental disorder

2. Partial Mental Disorder

Mental disorder falling short of a complete lack of understanding, but enough to disable the applicant, and prevent any action, or indeed restrict the ability to communicate, until a much later point in time, when, perhaps the mental disorder /communication difficulty lessens to a level where action is possible.

Mental problems are caused by the abuse, so as to silence the individual, particularly if there have been threats associated with the abuse. On its own, this sort of disorder will probably not be enough. We suggest that it should be coupled with ignorance of rights to go to the Redress Board.

3. Other types of medical condition

Physical disability which interferes with ability as above, coupled with a lack of knowledge of rights might be sufficient.

4. Family Circumstances

Physical or Mental disability of a family member which restricts the ability of the applicant to make a claim may suffice

5. Legal Advice

If, for example, the applicant has sought legal advice, but been wrongly advised and not informed of rights under the Redress scheme, this might be a valid ground.

6. Isolation

Irish immigrants who have fled abroad to England, and further afield are much less likely to have heard of the rights to claim compensation under the Redress scheme.

In England, in particular, there was meant to be more publicity of the scheme, than actually took place, and some criticism in the media. Thus if

a. The applicant is isolated from the various Irish Communities which exist in England and abroad.

b. The applicant is in complete ignorance of the scheme until, perhaps alerted to the scheme by another.

then in these circumstances there may be a possibility of a late claim.

The Board will sometimes fund a medical report in order to find out if there is any merit in a medical argument in support of delay, without insisting that a full application for redress is made.

When asked to comment on what they consider to be "exceptional circumstances" the Board has commented

1. To be exceptional circumstances, regard must be had to dictionary definitions viz. unusual, probably highly unusual, but not exceptionally unusual

2. Ignorance of the Board and its closure, of itself, without anything else is not sufficient.

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