Applications on behalf of a person who died after 11 May 1999
34.Where a person who is or may be entitled to redress has died since 11 May 1999 without making an application, the spouse or children of that person may make an application on his or her behalf. A “spouse” for this purpose includes a person with whom the deceased person is or was at a time cohabiting. But only one application may be made in respect of a deceased person.
35.Where an injured person dies after making an application but before the application is settled or determined by the Board, his or her spouse or children may proceed with the application.
Evidence in support of application
36.When making an application using the appropriate form, the applicant must also provide the Board with written evidence of –
his or her identity,
his or her residence in the institution concerned,
the abuse received while so resident, and
the injuries received as a consequence of such abuse.
With regard to (b) (proof of residence in institution) a report entitled “Report by School Number and Pupil Number” may be obtained from the Department of Education and Science, Cornamaddy, Athlone, Co Westmeath, which holds records for children who were sent to a residential institution on foot of a court order. If an applicant or his or her solicitor states in a Freedom of Information request to the Department that he or she is seeking evidence of residence to support an application to the Board, the Freedom of Information section will give the matter priority and will send the report within approximately two weeks. This report will normally be sufficient proof of residence and will, where available, be required by the Board.
Allegations of abuse
37.Where specific alleged abusers are identified their names should appear at section 6 of the application form (“Description of abuse suffered by the Injured Person”); where an application is made on behalf of a person who has died since 11 May 1999, the details should be provided in section 7 of the application form (“Details of Abuse”). In either case, leaving this part of the application form blank where the statement of abuse or other documents identify alleged perpetrators, or simply referring the Board to such statement or documents, is not acceptable. The Board must notify all named individuals against whom abuse is alleged; the assessment whether any person mentioned in passing in the statement of abuse or in other documents accompanying the application form is an abuser is a matter for the applicant, not for the Board. Any application which lacks the appropriate information in the relevant section of the application form will be returned to the applicant.
Medical reports of injuries sustained by applicant
38.The purpose of the medical report is to assist the Board in its task of determining the amount of redress payable with respect to the unique circumstances of the individual applicant, based on the effects on him or her of the abuse suffered while resident in an institution as a child. Accordingly, the report should contain a history of the abuse forming the basis of the application and a description of the immediate and long-term effects of such abuse. Where appropriate, the report should in particular describe -