The Board will first consider the severity of the abuse suffered by the individual applicant and make an appropriate award on a scale of 1 – 25, with 25 representing the most severe form of abuse. The Board will then, by reference to the medical evidence, assess on a scale of 1 - 30 the severity of the physical and/or psychiatric illness suffered by the applicant as a result of the abuse. It will next perform the same task with regard to the psycho-social sequelae of the abuse. Finally, on a scale of 1-15 it will assess the loss of opportunity suffered by the applicant. In this regard it should be noted that no redress is payable for loss of earnings as such, and the Board will not take into account (or pay for) any actuarial material relating to loss of earnings presented to it by or on behalf of an applicant.
21.These four separate weightings are designed to produce an overall assessment of the severity of the abuse and the injury suffered by the applicant. When they are added together, the Board will “stand back” and look at the case overall to see whether the total assessment reached in this way is reasonable in all the circumstances for the particular applicant; where necessary, it may make appropriate adjustments to the overall assessment.
22.The amount of redress will then be determined by reference to the Board’s assessment of the severity of the abuse and the injury, according to the following redress bands:
TOTAL WEIGHTING FOR SEVERITY OF ABUSE AND INJURY/EFFECTS OF ABUSE
AWARD PAYABLE BY WAY OF REDRESS
70 OR MORE
€200,000 - €300,000
€150,000 - €200,000
40 – 54
€100,000 - €150,000
LESS THAN 25
Up to €50,000
23.Where the abuse suffered by an applicant and the injury arising from the abuse are considered by the Board to be so serious as to constitute an exceptional case which cannot reasonably be provided for within these redress bands, the Board may deviate therefrom. In every such case, the Board is required to inform the Minister of its reasons for so doing.
(b)Additional redress on the principle of aggravated damages
24.Where the injury suffered by an applicant was not restricted to specific acts of abuse, but was exacerbated by the general climate of fear and oppression which pervaded the institution in which he or she was resident, additional redress may be awarded by the Board. Without going into any question of fault on the part of any person or institution, the Board may make such an additional award where it is satisfied that it is appropriate to do so having regard to the exceptional circumstances of the case. Such additional award may not exceed 20 per cent of the redress otherwise payable as a result of the Board’s assessment of the severity of the abuse and the injury suffered by the applicant.