High Court Overturns Denial of Troubles Victims Payment
A woman who was initially denied a Troubles victims payment has had the decision overturned by the High Court. Jeanitta Larkin, who was 10 years old when her father, Peter McCabe, was shot by the IRA at their family home in Newry in 1990, had applied to the Troubles Permanent Disability Payment Scheme along with her father. Both applications were rejected on the grounds that the attack was classified as a paramilitary style shooting and therefore did not qualify as a Troubles-related incident.
Jeanitta Larkin expressed relief at the court's decision but described the process as a "really traumatic journey" for her family. The Troubles Permanent Disability Payment Scheme was created to provide financial support to individuals living with physical or psychological injuries sustained during the conflict.
Legal Error Identified by Justice Schofield
During the hearing on Wednesday, Justice Schofield stated that he had identified a legal error in the initial decision to deny compensation to Larkin and her father under the scheme. He also supported their challenge against the qualifying guidance for payouts, which excludes punishment attacks carried out by paramilitary vigilantes from eligibility.
The judge ruled that both compensation applications should be reconsidered by a panel of the Victims' Payments Board.
Family Responds to Judgment
Jeanitta Larkin said she was "really relieved the judgement is out there" and that her family can now move forward. She added:
"I think that the fact we have been acknowledged and our suffering has been acknowledged, so we are happy with that."
Larkin also expressed hope that the ruling would empower other victims to challenge decisions they perceive as unjust:
"I hope the judgement gives other victims the strength to stand up and say 'this is wrong'."
She noted that throughout the process, she did not find it to be "very victim centred a lot of the time."
Next Steps and Wider Implications
The case of Jeanitta Larkin and her father will now be returned to the Victims' Payment Board for reassessment.
Setanta Marley of KRW Law, who represented the family, welcomed the court's decision, stating:
"Our applicants have waited a long time for it, they have been vindicated by the judgement."
"It means a lot and they are very relieved to have reached the end of this process."
The judgment is expected to have broader consequences, as it is believed that hundreds of victims of paramilitary style attacks who were previously denied payments by the Victims Payment Board may now consider appealing their cases.
Marley estimated:
"I would estimate that there are hundreds - if not more - applications that are waiting on the outcome of this judgement because it has such a wide-ranging impact on our society."
