Late Application to the Redress Board (Residential Institutions Redress Board)
In bringing a late application for redress there are a number of questions which an applicant should consider in order to meet the requirements of the Board.
If you require further asistance please feel free to contact our offices for further advice.
-When did you first learn of the existence of the Residential Institutions Redress Board?
-Who advised you of the existence of the Residential Institutions Redress Board?
-When did you become aware that you were entitled to file a Late Application with the Residential Institutions Redress Board?
-The Redress Board carried out an extensive advertising campaign between the period December 2002 and December 2005
-The Redress Board held twelve information dates throughout England in 2004 as well as placing advertisements in Sunday Newspapers, Daily Newspapers and publications aimed specifically at the Irish Community in the United Kingdom did you attend any or these or were you aware of them?
-In addition the Redress Board arrange for the distribution of seven and a half thousand leaflets to the Network of Irish Societies.
-The Redress Board also placed advertisements in selected Newspapers in the United Kingdom highlighting each Ministerial Order which added to the Institutions listed in the Schedule of the Residential Institutions Redress Act 2002.
-It also placed advertisements in selected United Kingdom Publications advising Applicants of the closing date for receipt of Applications being the 15th of December 2005, did you read any of these?
-Did you observe any of the advertisements placed by the Redress Board ?
-Have you any involvement with the Irish Community in your country of resident and in particular if you are affiliated to any of the Irish Clubs and/or Societies?
-Have you any extended family currently living in Ireland and if so whether you are in regular and/or ongoing contact with them?
What contact which you have with any extended family living in Ireland between the period of December 2002 to date?
-Have you returned to Ireland on a regular basis and if so how often you may have returned to Ireland between the period December 2002 – 2005?
-Have you made any return since December 2005 to date?
In the event that you did return to Ireland during the period of December 2002 – 2005 how often you returned and the duration of your stay on each return visit?
-Why did you not file a Late Application with the Board on or before the 15th of December 2005 and what exceptional circumstances prevented you from making an Application on or before that date?
-Why you have not filed a Late Application with the Board since December 2005 to date and what if any are the exceptional circumstances which exist in respect of you filing an Application at this time?
These are the issues any late application must address.
Applications must be made on affidavit & for that reason we suggest you consult a solicitor with expertise in this area.
Other factors such as literacy difficulties, illnesses and remoteness of the applicant from Ireland can also be bourne in mind.
Paul Tracey Solicitor is available to assist in applications of this nature
Our office contacts are 00 353 1 8745656 fax 00 353 18745550
e mail law@traceysolicitors.ie
www.irish-survivors.com
pnone messages taken 24 hours
Dated 12/03/2010
Residential Institutions Redress Board -Late Applications update.
Time periods for Applications to the Residential Institutions Redess Board
The Residential Institutions Redress Board was set up to provide redress for victims of residential abuse in Ireland. The scheme accepted application between 202 and 2005. Following the closure date we have received a large number of enquiries in relation to ‘late applications’.
We have set out an outline of the rules govering application including late applications which we hope is of asistance.
Section 8 of the Residential Institutions Redress Act, 2002, sets out the limitation period within which applications for Redress must be made, and is in the following terms:
S 8 (1) An applicant shall make an application to the Board within 3 years of the establishment day.
(2) The Board may, at its discretion and where it considers there are exceptional circumstance, extend the period referred to in the sub-section (1).
(3) The Board shall extend the period referred to in subsection (1) where it is satisfied that an applicant was under a legal disability by reason of unsound mind at the time when such application should otherwise have been made and the applicant concerned makes an application to the Board within 3 years of the cessation of that disability.
By Order of the Minister for Education and Science made on the 16th day of December 2002, the 16th day of December 2002 was appointed as the establishment day for the purposes of the 2002 Act.
In accordance with the above provisions applications for Redress were required to be received by the Board on or before the 15th day of December 2005, but the Board can in the above limited circumstances, extend the period.
Late Applications
In order to enable the Board to consider whether or not to extend the period a full and detailed Affidavit will be required setting out the facts relied upon by the applicant which might enable the Board to extend the period under sub-section (2) or (3) of Section 8 of the Act.
Please note that the Affidavit must state the date upon which the Applicant first consulted a Solicitor in relation to the application.
If you have legal submissions as regards the issues relating to the application for an extension of time within which to make the application for redress, these should be made in the letter accompanying the above mentioned affidavit, and not in the affidavit itself.
Please also state whether you are relying upon the provisions of Section 8(2), or Section 8(3), or Section 8(2) and Section 8(3) of the Residential Institution Redress Act 2002 for the purposes of the application for the extension of time sought.
In dealing with ‘late applications there are a number of questions regularly asked by the Redress Board regarding late applications.
1. When did you first learn of the existence of the Residential Institutions Redress Board?
2. Who advised you of the existence of the Residential Institutions Redress Board?
3. When did you become aware that you were entitled to file an Application with the Residential Institutions Redress Board?
4. The Redress Board carried out an extensive advertising campaign in Ireland during the period December 2002 to December 2005.
The Redress Board regularily emphasises the extend it went to to advise of the scheme and it’s operation.
It regularily states that ‘advertisements were placed in all National Broadsheet and Tabloid Newspapers as well as in the main Provincial Newspapers.
Advertisements were placed on RTE 1 Television, Network 2, Sky 1, Sky News, TV3 and TV4.
The Redress Board also placed advertisements on all National and Major Local Radio Stations.
The Redress Board placed advertisements in all Irish Daily Newspapers highlighting each Ministerial Order which added to the Institutions listed in the Schedule of the Residential Institutions Redress Act 2002.
It also placed advertisements in the main Irish Newspapers advising Applicants of the closing date for receipt of Applications being the 15th December 2005.
Enquiries are regularily made as to whether whether or not applicants saw and/or heard any of the extensive advertising campaign carried out by the Board referred to above.
The Board also asks late applicants to explain why they were not in a position to file an application with the Board on or before the closing date namely the 15th December 2005.
If you would like further information on late applications please feel free to contact our offices for further information.
Paul Tracey Solicitor
Paul W Tracey Solicitors
24 Marlborough Street
Dublin 1
phone 00 353 1 8745656
fax 00 353 18745550
e-mail law@traceysolicitors.ie
or check our our dedicated web site
