Northern Ireland update – Consultation time extended at request of victims and survivors groups

Senior civil servant David Sterling has confirmed that The Executive Office has listened to requests from victims and survivors for an extension to the time allowed for responses during the consultation period on the draft legislation, following recommendations from the Historic Institutional Abuse Inquiry. Continue reading

Are bullying and harassment prevalent in charities?

Public perception is often that charities are likely to provide safe and positive work places as compared to profit driven large private businesses. Recent examples suggest, however, that such a view may not always be accurate and that the charitable sector needs to ensure that it has in place good anti-bullying and harassment policies. Continue reading

Child Migrant Redress

The first report published by IICSA in March 2018 related to child migration and it included a recommendation that HM Government establish a redress scheme for surviving former child migrants providing an equal award to every applicant on the basis they were all exposed to the risk of sexual abuse. This concept of being at risk of abuse even if abuse did not occur echoes the harm’s way payments included in the Lambeth Council Scheme and proposed in the Northern Ireland Redress Scheme.

Continue reading

Vicarious liability and membership of an unincorporated association

The Supreme Court decision in the Irish case of Hickey v McGowan and Cosgrove [2017] IESC 6 has important consequences for members of unincorporated associations. The background to the case involved a finding of sexual abuse having been committed against the plaintiff while a student at a Marist National School from 1969 to 1972. The second defendant, a Marist Brother, was found to have abused the plaintiff in the course of his employment as a teacher at the school. The first defendant was the Provincial of the Marist Order when proceedings were initiated and was sued in a representative capacity. Continue reading

Accountability and Reparations: Public Hearing

Over the course of three weeks in November and December last year (with a sweep up additional day in January) the IICSA Chair and panel heard evidence from victims and survivors, their solicitors, insurers and their solicitors, local authorities, various police forces and other interested parties as part of the Inquiry’s Accountability and Reparations (A&R) investigation. Continue reading

Extension of limitation in abuse cases

The New York State Legislature passed a bill on Monday (28 January 2019) that will increase the statute of limitations for cases of child sexual abuse.  The Child Victims Act allows child victims to pursue a claim for compensation against their abuser until the age of 55.  Currently, the cut off age in New York to bring such a claim is 23.   Continue reading