J.G.H. -v- Residential Institutions Redress Review Committee [2015] IECA 285 (09 December 2015)

J.G.H. -v- Residential Institutions Redress Review Committee [2015] IECA 285 (09 December 2015)

Abuse suffered by Mr. H in St. Gabriel's Hospital, a non-scheduled institution, does not qualify for compensation under the Residential Institutions Redress Act 2002. The Act's jurisdiction is strictly limited to scheduled institutions, and neither section 1(2) nor common law principles expand this scope. The High Court erred in conflating statutory and common law principles and in interpreting section 5 as creating an entitlement beyond section 7.

Citation
[2015] IECA 285
Parties
Applicant/respondent: J. G. H.; Respondent/appellant: The Residential Institutions Redress Review Committee; Notice Party: The Residential Institutions Redress Board
Jurisdiction
Ireland
Judgment Date
09 December 2015
Procedural Posture
Appeal / Court of Appeal Judgment Following High Court Judicial Review
Outcome
Appeal allowed; High Court order set aside; Committee's award reinstated
Legal Topics
Residential Institutions Redress Act 2002, Scheduled Institutions, Statutory Compensation, Abuse Definition, Jurisdictional Limits
Administrative Law Statutory Interpretation Compensation Law Residential Institutions Redress Act 2002 Scheduled Institutions Statutory Compensation Abuse Definition Jurisdictional Limits

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Parties

J. G. H.

Applicant/respondent

The Residential Institutions Redress Review Committee

Respondent/appellant

The Residential Institutions Redress Board

Notice Party

Procedural Posture

Appeal / Court of Appeal Judgment Following High Court Judicial Review

Legal Issues

  1. 1 Whether abuse suffered in a non-scheduled institution qualifies for compensation under the Residential Institutions Redress Act 2002
  2. 2 Interpretation of section 1(2) of the Act regarding abuse outside scheduled institutions
  3. 3 Whether common law principles of tort and foreseeability apply to statutory compensation schemes

Ratio Decidendi

Abuse suffered by Mr. H in St. Gabriel's Hospital, a non-scheduled institution, does not qualify for compensation under the Residential Institutions Redress Act 2002. The Act's jurisdiction is strictly limited to scheduled institutions, and neither section 1(2) nor common law principles expand this scope. The High Court erred in conflating statutory and common law principles and in interpreting section 5 as creating an entitlement beyond section 7.

Court Disposition

Appeal allowed; High Court order set aside; Committee's award reinstated

Orders

  • Order of the High Court discharged in its entirety
  • Award of €34,000 to Mr. H stands