Legal Costs and the Payment Scheme
The Mother and Baby Institutions Payment Scheme has been open since March 2024. Since the scheme has been open many applicants have received support from organisations that offer free and confidential advice from specially trained staff. There are however occasions where an individual may require legal assistance. Below we look at where and when an applicant should obtain legal support and where there is financial support available.
There is no financial provision for legal assistance when making an application
Central to being awarded a payment from the scheme is the length of time that an individual was in an institution. When making an application to the scheme you need to give information on the institution that you were resident as well as the dates that you lived there. If you do not know the dates that you were a resident in an institution you should give a rough estimation of these dates, it will then be up to the Case Management Team to trace your records.
Due to the way that payments are decided this means that there may be a need obtain legal advice from a solicitor at the point of application. Some people may require assistance to complete an application and if this is the case then there is free confidential support available.
It is important to note that there is no provision to reimburse any payments that you have made to a solicitor in order to submit an application to the Mother and Baby Institutions Payment Scheme.
Applications will not be accepted where they are made by a legal firm on behalf of a former resident.
Signing the Legal Waiver
Should you be offered a payment from the Mother and Baby Institutions Payment Scheme you will need to sign and submit a legal waiver, in order to receive a payment. The legal waiver states that you will not take legal action against a public body, or you will discontinue any legal action against a public body relating to the circumstances of your application to the Payment Scheme.
You can obtain advice from a legal representative prior to signing a waiver. Financial support of up to €500 (excluding VAT) is available. This payment will only be made on receipt of proof of payment or an invoice for a solicitor.
Payment will only be made directly to the applicant and cannot be made to a solicitor or legal firm.
Completing an Affidavit
Once an application is submitted the Case Management team will look for your records, in order to establish your residency in one of the 44 listed Mother and Baby or County institutions and the length of time that you were resident in an institution.
In the event that records traced are not complete (e.g they record a date of entry but not exit from an institution) or records cannot be traced, the applicant may be asked to submit an affidavit (more information on the affidavit will be available next week.)
Where there is a request for an affidavit, the applicant can obtain legal support of up to €200. Payment will need to be reclaimed from the scheme. The submission of an affidavit should be proof that legal advice has been obtained.
It is important to note that affidavits should only be submitted where the Case Management Team has requested this.
These are the only cases where the Mother and Baby Institutions Payment Scheme will pay for legal costs in connection with an application.
If you were a mother or child that spent time in a Mother and Baby Home and want further information on the Irish Government Mother and Baby and County Home Action Plan, please contact Renewing Roots at renewingroots@frea.org.uk or 07432 138682 or see our website which also contains a list of County Homes. All our advice is free and confidential.