Ireland’s child sexual abuse commission, formally known as the Commission of Investigation into the Handling of Historical Child Sexual Abuse in Day and Boarding Schools, was established in July 2025, nearly a century after the earliest abuse it is mandated to examine. 

Its final report is not expected until 2030. For a survivor who has waited decades for accountability, the question is not abstract: how many of those responsible will still be alive when this commission finally concludes?

Philip Treacy, Senior Solicitor at Coleman Legal LLP, acts for survivors of historical childhood sexual abuse in Irish schools. He has heard this question from clients many times. 

‘Survivors have been waiting for the State to act for decades,’ he says. ‘Every year of further delay means more survivors grow older without seeing justice, and more of those responsible pass away before any finding of accountability is made.’

“Survivors have been waiting for the State to act for decades. Every year of further delay means more survivors grow older without seeing justice.”

A commission established in 2025 for abuse that began in 1927

The Commission of Investigation (Handling of Historical Child Sexual Abuse in Day and Boarding Schools) Order 2025 (S.I. No. 388/2025) was signed into law on 8 July 2025 by Minister for Education and Youth Helen McEntee TD. 

It was established under the Commissions of Investigation Act 2004 and is chaired by Mr Justice Michael MacGrath of the Court of Appeal.

The Commission’s terms of reference cover historical child sexual abuse in all-day schools, boarding schools, and special schools in Ireland between 1927 and 2013. 

It will examine how school authorities, religious orders, and State bodies handled allegations, complaints, and suspicions of abuse during that period. 

The Commission is organised across two streams: a formal investigation of selected cases, and a Survivor Engagement Programme through which survivors can give an account in an informal, anonymised process.

The Commission follows the Report of the Scoping Inquiry chaired by Mr Justice John O’Toole, which examined historical child sexual abuse in schools run by religious orders. 

That report found 2,395 allegations of sexual abuse involving 884 alleged abusers across 308 religious order schools in every part of the country. 

When the Commission’s remit is extended to include all day and boarding schools (not only religious order schools), the full scale of the crisis is expected to be significantly larger.

Five years, five hundred thousand days of waiting

The Commission (Handling of Historical Child Sexual Abuse in Day and Boarding Schools) has been given a five-year mandate. Its final report is due by July 2030. If the Commission requests and receives an extension (which its terms of reference expressly anticipate), the process could run longer still.

For many survivors, this timeline represents not just a bureaucratic delay, but a direct threat to justice: many abused at Irish schools between 1927 and 2013 are now elderly and may never see formal acknowledgement if the process continues at its current pace. 

A survivor who was abused at a school in the 1960s or 1970s is today in their sixties, seventies, or eighties.

As survivors age, the urgency for formal acknowledgement grows. State delays not only prolong suffering but also risk that some will never see justice served.

“Older survivors have spoken about feeling the State was waiting for them to die, that time itself was being used as a defence against accountability.”

This sense of urgency is mirrored by the age of many alleged abusers. As time passes, both survivors and perpetrators age, complicating accountability. 

Once an abuser dies, the commission’s formal investigation of that individual’s conduct may become impossible. 

Survivors who had hoped to see their abuser named in a final report, or held accountable in some formal and public way, may find that the passage of time has removed even that possibility.

One survivor, speaking through their solicitor, put it plainly: ‘How many more paedophiles will be dead before this commission even begins its hearings? We have been waiting all our lives, and the State keeps asking us to wait longer.’

What the commission cannot do, and why that matters for survivors

It is important for survivors to understand what the Commission of Investigation can and cannot deliver. 

A commission of investigation examines systemic failures in how authorities responded to abuse.

However, it is not a criminal court, has no power to conduct criminal trials, and cannot award financial compensation or impose criminal penalties on abusers. 

The Commission cannot prosecute abusers, issue criminal sentences, or grant financial compensation to survivors; these actions are outside its legal mandate.

Any financial redress for survivors of historical school abuse in Ireland will require either a separate civil legal action or a dedicated redress scheme. 

Officials have acknowledged that a future redress scheme is anticipated, but no such scheme has been announced, and no timeline for one has been confirmed. 

The Ryan Report, which found systematic abuse in industrial schools and reformatories, resulted in the Residential Institutions Redress Board, which processed claims over many years. 

Whether a comparable mechanism will be established for day school and boarding school survivors remains to be seen.

Philip Treacy notes that survivors do not need to wait for the commission’s report before taking legal advice: ‘The commission process and a civil legal action are entirely separate. 

A survivor can engage with the Survivor Engagement Programme and also pursue a civil claim simultaneously. 

The important thing is to take legal advice now, because the Statute of Limitations applies and time limits can affect a survivor’s ability to bring a claim.’ 

A survivor can engage with the Survivor Engagement Programme and also pursue a civil claim simultaneously. 

The important thing is to take legal advice now, because the Statute of Limitations applies and time limits can affect a survivor’s ability to bring a claim.’

Legal options available to survivors now

Survivors of historical child sexual abuse in Irish schools have a number of legal options available to them, independent of and parallel to the commission process

  • Civil legal action: a survivor may bring a civil claim for damages against the individual abuser, the school authority, the religious order, or the State, depending on the circumstances of the abuse. Such a claim does not require the commission to have reported first.
  • State Ex-Gratia Scheme: a revised Ex-Gratia scheme existed for survivors of sexual abuse at day schools, and Philip Treacy successfully made applications under the scheme on behalf of Coleman Legal LLP clients. Please note that the State Ex-Gratia Scheme closed in July 2023. A further State scheme may possibly open at some future point
  • Survivor Engagement Programme: the commission’s own informal process offers survivors an opportunity to give an account of their experience in a non-adversarial and anonymised setting
  • Criminal complaints: survivors may report abuse to An Garda Síochána at any time; the Director of Public Prosecutions determines whether criminal proceedings follow

The Statute of Limitations is a critical consideration in civil claims for historical child sexual abuse. 

Irish courts have developed a body of case law on the issue of delayed claims in sexual abuse cases, recognising that the psychological impact of childhood abuse can prevent survivors from coming forward for many years. 

Philip Treacy advises all survivors to seek legal advice at the earliest possible stage to understand whether and how their claim can be brought.

Philip Treacy, senior solicitor, Coleman Legal LLP

Philip Treacy has over 20 years of legal experience and has represented and settled historical sexual abuse cases for many clients at Coleman Legal LLP. 

He has also successfully made applications to the State Ex-Gratia Scheme on behalf of survivors of day school abuse.

‘The establishment of this commission is long overdue, and it is welcome that the Government has finally acted,’ he says. ‘But the five-year timeline is deeply concerning for survivors who have already waited decades. 

The commission must be resourced and supported to report as quickly as possible, and in the meantime, a parallel redress scheme should be established so that survivors who need support today are not forced to wait until 2030.’

‘At Coleman Legal LLP, we act for survivors across Ireland. We understand that coming forward is an enormous step. 

Our role is to listen, to explain your options clearly, and to help you pursue whatever course of action is in your best interests, whether that is a civil claim, an application to the Ex-Gratia Scheme, engagement with the commission, or a combination of these.’

Frequently Asked Questions

What is the Commission of Investigation into historical child sexual abuse in Ireland?

In Ireland, the Commission of Investigation (Handling of Historical Child Sexual Abuse in Day and Boarding Schools) was established by S.I. No. 388/2025 on 8 July 2025, under the Commissions of Investigation Act 2004. It is chaired by Mr Justice Michael MacGrath and will investigate how school authorities, religious orders, and the State handled allegations of child sexual abuse in all-day schools, boarding schools, and special schools between 1927 and 2013. Its final report is due by July 2030.

Can I make a civil claim while the commission is ongoing?

Yes. In Ireland, the Commission of Investigation and a civil legal action are entirely separate processes. A survivor may engage with the commission’s Survivor Engagement Programme and also pursue a civil claim for damages simultaneously. The commission does not award compensation. Only a civil court or a dedicated redress scheme can do that. Survivors are strongly advised to take legal advice promptly, as the Statute of Limitations applies to civil claims.

What is the State Ex-Gratia Scheme for day school abuse survivors?

In Ireland, the State Ex-Gratia Scheme provides a mechanism for survivors of sexual abuse at day schools to receive financial recognition from the State without the need for full civil litigation. The scheme was revised following court challenges and advocacy from survivors. Philip Treacy of Coleman Legal LLP has successfully made applications under the scheme on behalf of clients. Eligibility criteria apply, and survivors should seek legal advice to assess whether the scheme is appropriate for their circumstances. Please note that the State Ex-Gratia Scheme closed in July 2023. A further State Scheme may open at some point in the future.

How long do I have to make a claim for historical child sexual abuse in Ireland?

In Ireland, the Statute of Limitations applies to civil claims for historical abuse, but Irish courts have recognised that survivors of childhood sexual abuse are frequently unable to bring claims promptly due to the psychological impact of the abuse. Courts may allow claims outside the standard limitation period in appropriate circumstances. Each case turns on its own facts, and early legal advice is essential. Coleman Legal LLP can advise on whether and how a claim can be brought in your specific circumstances.

Who can I contact at Coleman Legal LLP about historical child sexual abuse claims?

In Ireland, Coleman Legal LLP’s historical abuse litigation team is led by Philip Treacy, Senior Solicitor, who has over 20 years of experience representing survivors of historical child sexual abuse in schools and institutions. Coleman Legal LLP can be contacted at 84 Talbot Street, Dublin 1, by telephone at 01 531 3800, or on Freephone 1800 844 104. All enquiries are treated in strict confidence.