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T v boys and girls Welfare Service

Case date: 21 December 2004



Introduction
An appeal by a former resident of a children’s home against a decision to that his claim for compensation for sexual abuse was time-barred by statute.

Details of the case

Mr T was now aged 41. He had been taken into care at the age of ten, and remained in care until he was 16. Between 1975 and 1976 he was placed in an assisted community home, for whose management Boys and Girls Welfare Service (BGWS) were responsible.

Among the staff at the home was K. He was later sentenced to eight years’ imprisonment for buggery and gross indecency committed in children’s homes. In 1993 T was asked about sexual abuse in the home, and he made a statement about the sexual abuse which he alleged K had committed at the home.

As a result, T was called as a witness at an inquiry into abuse in children’s homes. He gave evidence to the inquiry in March 1997. In May of that year, T instructed solicitors to claim for compensation from the Criminal Injuries Compensation Authority. The relevant form was completed but, for some unknown reason, it was not submitted until November 2000.

No hint of any claim against BGWS was made to them until the legal documents were served on them on 18 June 2002.

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