Commission of Investigation Established into Historical Child Sexual Abuse in Schools

Introduction

On Tuesday 8 July 2025, the Government announced the formal establishment of a Commission of Investigation (the “Commission”) into the handling of historical child sex abuse in schools to be led by Mr. Justice Michael McGrath.

The establishment of the Commission was recommended in the Report of the Scoping Inquiry into Historical Sexual Abuse in Day and Boarding Schools Run by Religious Orders (the “Scoping Inquiry”) published by Ms Mary O’ Toole, SC in June 2024.

Remit of the Commission

In contrast to the Scoping Inquiry, which only investigated schools run by religious orders, the Commission will examine alleged abuse in all types of schools. The Commission is to submit its final report to the Minister for Education and Youth within five years of its establishment.

The Commission will not only be tasked with examining the historic handling of abuse within the schools, but also the handling of concerns of abuse within An Garda Síochána, the Health Service Executive and the Department of Education.

Scope & Approach

The Commission will regard any instance as a failure to adequately treat a concern of child sexual abuse where there is a failure to prevent harm to children, non-reporting of such concerns or concealment of child sexual abuse.

The Commission may consider abuse that occurred between 1927 and 2013, but recognises it may be impossible to conduct a meaningful investigation into older cases. The Commission has the discretion to reduce the time period under investigation. In recognising that it will be impossible to investigate every allegation within 5 years, the Commission will adopt a purposive sampling approach. The Commission will select cases where there appears to be sufficient testimonial and documentary evidence for a proper finding.

Survivor Engagement Programme

The Commission is to conduct its investigation using a survivor-centred approach. This will involve clear communication and transparency with the survivors; support for the survivors, including emotional and psychological support; using a trauma-informed approach to survivors, taking practical steps to mitigate the risk of triggering survivor’s trauma.

The Commission will also establish a Survivor Engagement Programme that will hear accounts from survivors about the impact of their experience; family members of deceased or incapacitated relatives may also recount the impact of the abuse on their relatives. The identity of those who give accounts will be completely anonymous and there shall be procedures in place to ensure that anonymity is maintained.

Survivor Redress

The Government have not set out an established position with respect to redress for survivors. Minister for Education Ms Helen McEntee has said religious groups involved in historical sexual abuse "will be held accountable". She said that as religious orders and institutions had not been forthcoming in past redress schemes, the Government would, if necessary, utilise the "levers of the State" to secure funding.

Currently, the Government’s only stated position with respect to possible redress is to say further work is being done to examine the matter of financial redress and how any future scheme could be funded.

Related Articles

• Spiritans to Announce Redress Scheme Details by End of Summer 2025

• Survivors of Sexual Abuse at Spiritan Schools Call for Redress Scheme to be Established

• Jesuit Order Names 15 Deceased Members Accused of Child Sexual Abuse

• Final Report of Scoping Inquiry into Historical Religious Order Sexual Abuse Claims

• Scoping Inquiry into Historical Religious Order Sexual Abuse Claims – Update

Further Information

Lavelle Partners act for a number of clients in relation to historic Child Sexual Abuse Cases.

Please contact Avril Scally, Head of our Personal Injury & Medical Negligence Team, in the strictest of confidence, if you would like to discuss a possible case or to pursue a claim for compensation.