Claims Advice Relating to Mother and Baby Homes Republic of Ireland

Mother and Baby Homes in Ireland – the Mother and Baby Institutions Payment Scheme

Background to the proposed Scheme

On 12th January 2021, the Commission of Investigation into Mother and Baby Homes in Ireland was published. The report details in its 2,865 pages appalling levels of deprivation, misogyny, abuse and infant mortality.

It is estimated that approximately 56,000 women and 57,000 children were placed or were born in these homes between 1922 and 1998. At least 9,000 of the children born in these institutions died – a mortality rate far higher than seen in the general population.

The Commission made a number of recommendations in its report including the setting up of a financial redress scheme to compensate survivors for the abuse they suffered – both mothers and babies. An Interdepartmental Group was set up by the Government to make recommendations about the payment of compensation and this Group presented proposals to the Government in November, 2021. The Government have adopted the proposals of the Group and the proposed compensation scheme is to be called the Mother and Baby Institutions Payment Scheme.

There are an estimated 34,000 survivors and it is believed that up to a quarter of these survivors live in either the UK or the USA.

Compensation for mothers will be based on their length of stay at any of the institutions listed in Appendices A and B below. There will also be an additional work related payment for mothers who undertook commercial work.

Children will be eligible if they were in any of these institutions for a period of 6 months or more.

Survivors who receive payment under the Scheme will have to sign a legal waiver saying they will not pursue the State for further compensation.

The legislation enacting the Scheme into law is currently passing through the Dail and it is anticipated that it will come into effect later this year. Once enacted, applications under the Scheme can begin. We can help with these applications.

Who can apply for compensation and redress under the Scheme?

The following groups will be eligible to apply for compensation:

  • Pregnant women who were resident in a Mother and Baby or County Home Institution for any period of time, including where they were under 18 years of age at the time of being pregnant,
  • Any person who was resident as a child in a Mother and Baby or County Home Institution for a period of six months or more (and who did not receive redress in respect of that institution under the Residential Institutions Redress Scheme)
  • Where a person would have qualified as an applicant but died on or after the date of An Taoiseach’s apology to survivors on 13 January 2021, the spouse or children of that person or their estate may make an application to the scheme for a financial payment on behalf of that deceased person.

What compensation will be paid?

There will be two types of payment:

  • A general payment to recognise time spent in the institution, harsh conditions, emotional abuse and other forms of mistreatment, stigma and trauma experienced while resident in a Mother and Baby or County Home Institution.
  • A work-related payment for mothers who were resident for more than 3 months in a Mother and Baby Home, a County Home Institution (see Appendices A and B below) or in certain other limited circumstances. Work means commercial work undertaken without pay in local institutions (e.g. a local hospital) or in local family homes, other than the woman’s own family home or place of residence.

How will compensation be assessed?

Applicants will qualify based on proof of residency, without a need to bring forward any evidence of abuse or any medical evidence or sworn affidavits.

The proposed compensation bands are:

Time Spent in a Mother and Baby or County Home Institution

General Payment for mothers and children

(€)

Work Payment (for mothers who qualify only)

(€)

Total Amount if qualifying for general payment and work payment

(€)

Less than 3 months (mothers only)5,00005,000
Between 3 and 6 months (mothers only)10,0001,50011,500
Between 6 months and 1 Year12,5003,00015,500
Over 1 Year15,0006,00021,000
Over 2 Years20,00012,00032,000
Over 3 Years25,00018,00043,000
Over 4 Years30,00024,00054,000
Over 5 Years40,00030,00070,000
Over 6 Years45,00036,00081,000
Over 7 Years50,00042,00092,000
Over 8 Years55,00048,000103,000
Over 9 Years60,00054,000114,000
Over 10 Years + (MAX)65,00060,000125,000

Eligibility for an Enhanced Medical Card under the Scheme

A form of enhanced medical card will be provided to everybody who was resident in a Mother and Baby or County Home Institution for six months or more. The card will provide the same full suite of health services and benefits which was provided under the Magdalen Restorative Justice ex-gratia Scheme.

Those who are deemed eligible for the card but who live overseas will have the choice to receive an enhanced medical card or a once-off payment of €3,000 in lieu of the card and as a contribution towards their individual health needs.

How Kearney Law can help you

Solicitor Advocate and Founder of Kearney Law, Paul Kearney has experience of previous Government redress schemes – the Residential Institutions Redress Scheme and the Magdalene Laundries Scheme. We are therefore well placed to advise applicants who are likely to be entitled to apply for redress under the new Scheme.

To Register your interest with us

If you would like to be kept up to date with information regarding the terms of the Scheme and when applications can be lodged, then please register your interest with Kearney Law today.

We will send you updates as we get them. Once the Scheme begins, we can lodge applications immediately on your behalf and ensure you get the full amount of compensation you are entitled to.

In order to register your interest, please email us at  [email protected] giving us your name and preferred email address, together with the name and address of the Mother and Baby Home or County Home Institution concerned.

If you would prefer to ring us, our number is +44(0) 2890 912 938.

On receipt of your instructions, we will begin to build your case and when the time comes, submit our claim.

If you live outside Ireland

We are happy to accept instructions from persons living outside Ireland.

Our secure information technology platforms make communication confidential, quick and efficient.

To register your interest, simply email us at [email protected] giving us your name and preferred email address, together with the name and address of the Mother and Baby Home or County Home Institution concerned.

Appendix A: Mother and Baby Homes investigated by the Commission

  • St Patrick's / Pelletstown, Navan Road, Dublin 7
  • The Tuam Children’s Home, Tuam, Co. Galway
  • Bessborough Mother and Baby Home, Cork
  • Manor House Castlepollard
  • Sean Ross Abbey
  • Árd Mhuire Dunboyne
  • Bethany Home, Dublin
  • Denny House, Dublin
  • Miss Carr's Flatlets, Dublin
  • The Regina Coeli Hostel, Dublin
  • The Castle Newtowncunningham, Co. Donegal
  • The County Clare Nursery, Kilrush, Co. Clare
  • Belmont Flatlets, Dublin
  • Gerard's, Dublin 11

Appendix B: County Homes

Location/Name

  • Carlow Sacred Heart Home and Hospital, Carlow
  • Cavan St. Felim's County Home and Hospital, Cavan
  • Clare (Ennis) St. Joseph's Hospital, Ennis
  • Cork (City) Cork County Home and District St. Finbarr’s
  • Cork (Midleton) Our Lady of Lourdes Home, Midleton
  • Cork (Clonakilty) Mount Carmel Home, Clonakilty
  • Cork (Fermoy) St. Patrick's Hospital, Fermoy
  • Donegal (Stranorlar) St. Joseph's Home, Stranorlar
  • Dublin (St. Kevin’s Institution) Initially the Dublin Union;
  • Galway (Loughrea) St. Brendan's Home, Loughrea
  • Kerry (Killarney) St. Columbanus Home, Killarney
  • Kildare (Athy) St. Vincent's Hospital, Athy
  • Kilkenny (Thomastown) St. Columba’s County Home, Thomastown
  • Laois (Mountmellick) St. Vincent's Hospital, Mountmellick
  • Leitrim (Carrick-on-Shannon) St. Patrick's Home, Carrick-on-Shannon
  • Limerick (Newcastlewest) St. Ita's Home, Newcastlewest
  • Limerick (City Home and Hospital) St. Camillus Hospital, Limerick
  • Longford St. Joseph's Hospital, Longford
  • Mayo (Castlebar) Sacred Heart Home, Castlebar
  • Meath (Trim) St. Joseph's Home, Trim
  • Monaghan (Castleblayney) St. Mary's Hospital, Castleblayney
  • Galway (Loughrea) St. Brendan's Home, Loughrea
  • Kerry (Killarney) St. Columbanus Home, Killarney
  • Kildare (Athy) St. Vincent's Hospital, Athy
  • Kilkenny (Thomastown) St. Columba’s County Home, Thomastown
  • Laois (Mountmellick) St. Vincent's Hospital, Mountmellick
  • Leitrim (Carrick-on-Shannon) St. Patrick's Home, Carrick-on-Shannon
  • Limerick (Newcastlewest) St. Ita's Home, Newcastlewest
  • Limerick (City Home and Hospital) St. Camillus Hospital, Limerick
  • Longford St. Joseph's Hospital, Longford

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