The European Court of Human Rights will deliver its judgment on Tuesday in a case brought by Irish abuse victim Louise O’Keeffe against the State, concerning the State’s responsibility to protect children against sexual abuse in Irish schools.
Ms O’Keeffe brought her case to the European court after the Supreme Court ruled in 2009 that the State was not legally liable for the abuse she suffered.
The case concerns Ms O'Keeffe's abuse by the former principal of Dunderrow National School, Leo Hickey, while she was a student there in 1973.
Following an investigation in the 1990s, Hickey was charged with 386 criminal offences of sexual abuse involving 21 former pupils of the national school, near Kinsale, Co Cork.
In 1998 he pleaded guilty to 21 sample charges and was sentenced to three years’ imprisonment.
In 2012, the European Court of Human Rights agreed to hear Ms O’Keeffe’s case, despite the Supreme Court’s contention that she had not exhausted all legal remedies in the country as she had not sued the bishop of Cork and Ross, who was responsible for running the school.
Ms O'Keeffe had previously brought a High Court action for damages against the department of education in 2006, but lost the case, with the judge awarding costs to the State.
However, the judge found in favour of her action against Hickey and ordered the former principal to pay damages of just over €300,000. Following enforcement proceedings he was then ordered to pay Ms O’Keeffe €400 per month. According to the Strasbourg-based court, €30,000 has been received by Ms O’Keeffe to date.
Compensation
In addition, the plaintiff received an ex gratia award from the Criminal Injuries Compensation Tribunal of £53,000 in 1998.
In her case before the European Court, Ms O’Keeffe argues that the Irish State failed to structure the primary education system to protect her from abuse and to investigate or provide an appropriate judicial response to her ill-treatment. The judgment will be delivered in Strasbourg today (Tuesday).
Following complaints by parents to the priest responsible for the management of Dunderrow NS in the early 1970s, Hickey left, moving to another school, where he taught until his retirement in 1995.
However, no complaints to the department of education or the Garda were made until the investigation in the 1990s.
