What Is Institutional Abuse?

Institutional Abuse

Institutional Abuse is the mistreatment by a person in authority or with responsibility of an individual under the care of an institution or organisation. This abuse can range from neglect and poor care to sexual and physical abuse within a care setting.

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At P. A. Duffy & Co. Solicitors, we represent victims of institutional abuse across Ireland. 

Our human rights team are experienced, understanding and sympathetic and will work tirelessly on your behalf to pursue legal action to resolve the issue. 

Where can Institutional Abuse occur? 

  • Schools 

  • Foster Homes 

  • NHS (hospitals, clinics, rehabilitation centres) 

  • Emergency children’s placements 

  • Religious organisations; churches, convents 

  • Out-of-school activities- drama/sports club 

  • Work environment  

Types of Claims 

Institutional Child Abuse: 

Child abuse claims can take several different forms, including physical, sexual, emotional and mental abuse. In our experience instances of abuse can take place at home, in school, in hospital, in clubs and in many other places. The perpetrators are generally individuals with authority over their victims. 

The ever-emerging Catholic Church child abuse scandal in Ireland is evidence of the damage that can be done to a person’s life when they are abused as a child and has also shed light on the culpability of Institutions who cover up abuse. 

Historical Abuse claims: 

Historical abuse can take many forms, but it has become infamous in Ireland in recent years following investigations into institutional abuse in churches, schools, care homes and similar institutions. If you are a victim of such abuse, we are here to help. 

In cases like this, historical abuse victims are often in a position where they were owed a duty of care by the institution in which the abuse took place. 

In these cases, our solicitors will advise you that a claim may be made against a particular institution for breaching this duty. Breach of duty can be alleged in relation to an institution's failure to identify or investigate the mistreatment of those under their care. 

More victims of historical abuse have come forward in recent years due to the uncovering of various examples of institutional abuse across Ireland. Our solicitors offer confidential and professional advice on the options available to victims and will take all necessary steps to hold perpetrators of abuse to account. 

Contact us for an initial enquiry. We will discuss the funding options which are available to our clients, including Legal Aid, legal expenses coverage and private payment. 

Mother and Baby Homes: 

Mother Baby homes were established in Ireland in the 1920s. They acted as an institution that housed unmarried mothers and their children as Irish society excluded them. Some 56,000 unmarried mothers and 57,000 children passed through the doors of these homes which were run by Roman Catholic nuns. The last Mother and Baby Home was closed in 1998, in June 2014 the Irish government began an investigation into 18 Mother and Baby Homes around the country. 

P.A. Duffy & Co. Solicitors have been working closely with mothers and children born into these institutes, to seek justice from the violations they have faced. 

What is the Commission of Investigation Report into Mother Baby homes in ROI? 

The Final Report of the Commission of Investigation into the Mother and Baby Homes was published on 12th January 2021. The Commission of Investigation was established by the Irish Government in February 2015 to provide a full account of what happened to vulnerable women and children in Mother and Baby Homes during the period of 1922 to 1998 in the Republic of Ireland. 

The report recorded the death of 9,000 children in these institutes. The Terms of Reference did not include homes in Northern Ireland despite a number of homes operating in that jurisdiction during the period in question. 

Blackrock College Abuse

Most recently, a scoping inquiry report has been produced covering the atrocious historical child sexual abuse across 308 schools. From this, a Commission of Investigation has been announced to investigate cases of sexual abuse in schools run by religious orders including Blackrock college in Dublin. In total, there are 2,395 allegations of sexual abuse in respect of 884 distinct alleged abusers. Unfortunately, it is likely that the total number of allegations is likely to be higher due to underreporting of childhood sexual abuse noted in the Central Statistics Office Sexual Violence Survey.

A Commission of Investigation is a statutory investigation established to examine a matter of public concern. This allows for witnesses to be compelled to give evidence and is the main difference between a statutory and non-statutory inquiry. Furthermore, it allows for the survivors to be placed at the centre of the investigation. The issue of institutional abuse is sadly still prevalent on the island of Ireland, and we hope the victims of in this investigation get the closure they deserve and that this is the last investigation of its kind.

At P.A. Duffy, we specialise in supporting and advising clients through difficult legal claims in Ireland and in cross-border cases. Our expert team ensures the highest quality service to decide upon the appropriate remedy based on your case. We pride ourselves on providing excellent client care and utilising our experience to provide expert legal advice.  

If you have been affected and wish to speak to a member of our team, please get in touch via the following channels  

  • Call us on 01 533 7860 

  • LiveChat function which can be accessed on the bottom right corner of this page. 

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FAQs

What responsibilities do institutions have?

Practitioners who work within an institution have a duty of care and professionalism to those who use the service. If you believe you are/have been abused by someone who owed a duty of care, you may be able to pursue a legal action to resolve the issue.

What types of institutional abuse can form the basis of a case?

  • Depriving the individual of adequate food and drink/ starving the individual

  • Misuse of medication

  • Neglecting the individuals’ religious, ethnic, and cultural needs

  • Preventing the individual from visits from family and friends

  • Physical/Sexual Abuse

  • Emotional Abuse- Blackmail

  • Failing to provide the individual with medical/personal equipment.

  • Delivering a neglected, congested, unhygienic, lack/poor quality of staff in the institution.

  • Inappropriate use of force

  • Failure to implement the individual’s privacy.

  • Failure to protect an individual from harm- e.g. not cautioning an abusive service user

What is the time limit for bringing an institutional abuse claim?

There is no specific statutory time limit for bringing an institutional abuse claim. This means that there may not be a strict legal deadline by which you must file your claim. However, it is still important to act promptly, as gathering evidence and pursuing a claim can become more challenging with time.

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