Mother and Baby Homes Redress Scheme

The Mother and Baby Institutions Payment Scheme opened on the 20th of March 2024. The Act passed all stages of the legislative process and was signed into law by President Michael D Higgins in July 2023.

How can Coleman Legal LLP help?

• Coleman Legal LLP is currently gathering information from survivors that will assist in processing your applications for the Mother and Baby Institutional Payment Scheme.
• We will help you access your historical records.
• We will consult and assist in preparing all necessary documentation related to the Mother and Baby Institutional Payment Scheme.
• We will notify the Payment Scheme Office of the requirement to prioritise the application where relevant.
• We will send you a newsletter to keep you informed of the latest developments in the scheme as they arise.

Redress scheme payment  distribution

The compensation amounts published in the scheme set out a starting figure for a redress of €5,000.

This amount* would apply to all mothers who were residents for up to 89 days in the institution, with the amount increasing to €12,500 for those with at least 180 days residency and so on. Your entitlement increases if a commercial work payment were to be applied**

All of our clients receive a monthly newsletter which keep you up to date on the events. We will apprise all of our clients of any developments as they arise. It should be noted that while the Scheme’s announcement is welcome news for many, there are still large sections of the community who are excluded. These are largely former child residents of the institution who spent less than 180 days of residency and those from a small number of institutions that have been excluded from eligibility for redress.

This is despite widespread calls for the inclusion of those with less than 180 days residency and those from the listed below*

*see link below setting out the amounts on offer in the scheme

**This is on a case-by-case basis depending on the nature of work undertaken, the duration of the residency and the institution concerned. Contact us now to see if you are eligible for the additional minimum of €1,500 (and up to €60,000 depending on the duration of your stay at the institution).

The new payments for the Mother and Baby Homes Redress Scheme are as follows*

1. Payments for Mothers View here
2. Payments for Children View here

Redress scheme details

For Mothers

The Act provides that any mother who spent time in a mother and baby institution in Ireland for any duration of time will be eligible for redress/compensation.

Redress will arise if the person resided in one of the 14 mother and baby homes or any of the States County homes. Unfortunately, at this time, redress is not being extended beyond that to other institutions.

List of institutions eligible for the scheme.

The compensation levels go up depending on residency. See attached for detailed figures. The compensation starts at €5,000 and goes up after 90 days to €10,000. There are additional payments if the person engaged in what is termed as ‘commercial work.’

Details on what is classified as ‘commercial work’ are not explicitly detailed in the Act. Where applicable an applicant can apply for the payment generally if they engaged in work (such as child minding outside of the home) or if they engaged in work inside the home of a commercial nature, i.e., this might include making items that are to be sold by the religious order to third parties. The redress will also apply to young mothers who were under 18 during their stay. There is also a provision for a medical card, and the application for redress can be made at the same time.

Redress scheme for children/adoptees

The Mother and Baby Homes Redress scheme has dealt a serious blow to former child residents of these institutions. The Mother and Baby Institutional Payment Scheme Act stipulates that all that have spent time in a relevant institution have been resident for 180 days or more to be eligible. The rates will be the same for the mothers once the residency requirement is satisfied.

It should be noted that Coleman Legal LLP continue to advance legal cases before the Courts in relation to this arbitrary restriction. Unfortunately, redress at this time is not being extended beyond that to other institutions not included in the list. See the link for a list of the institutions. List of institutions eligible for the scheme.

Despite the Oireachtas joint committee recommending that the list of institutions be expanded to include;

• St. Patrick’s Guild
• Temple Hill
• St Josephs/St Clare’s – Stamullen
• West Bank – Greystones

Even if you are not likely to be included in the scheme because of residency requirements or because your institution isn’t on the list, Coleman Legal LLP would still like to hear from you.

We may be able to assist by reviewing your particular circumstances and providing some input on what options may be available to you. Similar to the redress for mothers, there is a provision for a medical card, and the application for redress can be made simultaneously.

One positive to be taken from the Act for former child resident is that anyone who was in St Patrick’s (Navan Road/Pelletstown) are eligible to apply to the scheme, provided they didn’t get redress in the Residential Redress Scheme of 2002. If you would like to, please fill out our contact form below, and someone from the team will be in touch with you.

List of institutions eligible for the Redress Scheme

Mother and Baby Homes investigated by the Commission and eligible county homes

Mother and Baby Homes investigated by the commission

*Please note that on the 12th of July 2022, the Oireachtas joint committee recommended that the following institutions should be included. These have not been included in the legislation enacted in July 2023.

• St. Patrick’s Guild
• Temple Hill
• St Josephs – Stamullen
• St. Annes – Stamullen
• West Bank – Greystones

Support Groups

If you are a former resident of a mother and baby home, you are entitled to free counselling under the National Counselling Service, operated under the auspices of the HSE. Click here to see the geographical locations of your nearest counselling service. Counselling can also be arranged over the phone.

More information is available at this link Or those who are residents of the UK, below are several support organisations that may be able to help you;

Irish Community Services

• Phone: 0208 854 4466
• Website: irishcommunityservices.org

Leeds Irish Health and Homes

• Phone: 0113 262 5614
• Website: lihh.org

ICAP (Immigrant Counselling and Psychotherapy)

• Phone: 0207 272 7906
• Website: icap.org.uk

The London Irish Centre

• Phone: 0207 916 2222
• Website: londonirishcentre.org

For anyone resident in the US, please see the link below to local Irish immigration centres;

Find Your Local Irish Center | Coalition of Irish Immigration Centers (ciic-usa.org)

FAQ

Q: Do I need a solicitor?

Every applicant to the mother and baby homes payment scheme is entitled to seek assistance from their chosen solicitor with respect to the redress scheme. All applicants may seek the advice of a solicitor as part of the finalisation of an application/acceptance of an award. This comes in the form of legal advice for executing a valid legal waiver and assistance with a decision to accept or reject an award. In addition, this advice will include information about your right to bring a legal case in connection with your time in the institution and how those rights will be affected if you decide to accept the offer of redress.

Those accepting payments under the Scheme will be asked to sign a legal waiver stating that they will not then pursue a claim against the State through the courts. It is important that all applicants to the Scheme obtain legal advice regarding the implications of the legal waiver.

How we can help?

Coleman Legal LLP has been working with many clients over the past six years who have been resident in Mother and Baby Homes and County Homes, both as mothers and as children.

We are currently liaising with our clients regarding the scheme and the unfortunate arbitrary restrictions that exist within it. Those who have not filled out the paperwork will be asked to do so. These forms can be emailed or posted out to you for convenience. We will prepare your application to the Scheme on your behalf and submit it to the State body administering it.

Applications & Documents

It is also important to note that if you wish to take up a copy of any records from your time in the institution you can do so by contacting Tusla at this link

Contacted us at:

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details:
Free Phone: (1800)844104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply