Our clients, Birth Mothers and their Children for Justice are the largest collective group campaigning for a full statutory Inquiry into the abuse suffered by women and children in the Mother and Baby Homes and Laundries in Northern Ireland. The campaign group is set to meet with the First Minister, Michelle O’Neill today to call for action and to seek that truth and justice will be delivered for all victims and survivors.
Since 2012, Birth Mothers and their Children for Justice have went through many years and various engagement processes with Government officials, a public campaign as well as the Inter Departmental Working Group in order to uncover truth and justice. When the HIA Inquiry was implemented, the group demanded for truth and justice in the format of a Statutory Inquiry however, this has not happened and the group have not been listened to. The ongoing governmental delay has led to further avoidable suffering and consequently many of the members passing away without justice, recompense, or a public apology.
In October 2021 the Truth Recovery Design Panel published its findings which shone a light on numerous widespread abuses which occurred in the past and persist, not least in their long-term impact, and which required a transitional justice approach to remedying such serious human rights violations.
It identified the need for an integrated truth investigation to investigate issues of individual, institutional, organisational and state departmental/agent responsibility experienced in Mother and Baby Institutions, Magdalene Laundries, and Workhouses.
In October 2021 FM Paul Givan and DFM Michelle O’Neill accepted the recommendations of the Truth Recovery Design Panel in full and committed to TEO delivering on the recommendations and suggested that they should be expedited. [i]
The Report was fully endorsed and agreed to be implemented by the NI Executive on 15 November 2021.
Following the collapse of devolution, the campaign group have had growing concerns in relation to ongoing delays and to the eligibility criteria for spouses, partners and surviving children who will be seeking redress on behalf of victims and survivors in Mother and Baby Homes.
The group have been advised by the TEO that any individuals applying on behalf of a survivor would not be able to bring a claim on behalf of any deceased survivor before 15th November 2021. They see this as a cost cutting exercise.
The result of this restriction is to limit the Redress Scheme and to exclude the very people who tirelessly campaigned to put justice for Birth Mothers and their Children to the forefront of the agenda.
The trauma and distress from a lack of an investigation and truth has been passed on to their families who now suffer and continue to carry the weight of this burden. The ongoing failure to deliver on the report compiled by Prof Phil Scraton, Dr Meabh O’Rourke and Deirdre Mahon in a short number of months is considered a further insult to those campaigners who engaged in good faith and were made commitments for a full public Inquiry, An Independent Panel, Release of Documents and Redress.
The group have campaigned over the last ten years, and call on the Executive to Deliver promises and commitments that were made to the survivors and victims in 2021.
Adele Johnston BM&CFJ
Birth Mother:
“Due to the hiatus caused by the lack of Government we are well behind on the implementation of the recommendations promised. Now is the time to focus on delivering for all affected. We have waited too long for truth and Justice. People have died and every moment counts.”
[i] Michelle O’Neill to push for public inquiry into mother and baby homes | UTV | ITV News
Claire McKeegan
Elaine Conlon
Shanagh McAllister
Director
Claire McKeegan
Claire McKeegan has been described as one of Northern Ireland’s leading human rights lawyers and a tireless advocate for justice.
She has developed a specialist practice in Human Rights, Public Law, and Litigation, becoming a notable figure in high-profile legal battles. She is recognised by Chambers and Partners as being among the leaders in her area of expertise.
Claire campaigned for and represented survivors and victims throughout the HIA Inquiry which reported in 2017. Claire’s is recognised for her specialist practise representing victims and survivors of Historical and clerical abuse. She was instrumental in securing over £100 million in compensation for victims of Historical institutional abuse following the JR80 Court of Appeal case. This landmark case, which found that the Executive acted unlawfully in failing to provide a compensation scheme, led directly to the passage of the HIA Redress Bill in Parliament, resulting in compensation payment to hundreds of victims of abuse.
In addition, Claire’s campaign work on behalf of patients and their families resulted in the Department of Health announcing a public inquiry into Muckamore Abbey Hospital, where she continues to advocate for answers and justice for the majority of the affected patients families affected by institutional abuse in a hospital setting in NI.
She represented the patients families at the Supreme Court of the United Kingdom in relation to a Challenge brought by one of the former staff at the hospital currently before the Crown Court to seek to suspend the Muckamore Inquiry.
Claire’s notable achievements include her work over the last decade in some of the most grave and serious sexual abuse cases against the Catholic Church. She lead the case on behalf of Gerard Gorman against the Diocese of Dromore and St Colmans College which ultimately resulted in the resignation of Bishop John McAreavey over his and Bishop Gerard Brooks handling of the Malachy Finegan abuse scandal. This case is documented in BBC Spotlight Documentary “Buried Secrets” and “So young: The taking of my life by the Catholic Church ~ Gerard Gorman.”
She has secured the largest settlements for survivors of abuse in Northern Ireland including a recent case against the Congregation of the Order of the Vincentians for £1,000,000.000.
Claire also acted for multiple vulnerable individuals denied medical care during the COVID-19 pandemic and acted for a group of front line NHS doctors who were exposed during the pandemic without adequate Personal Protection Equipment to attempt to secure adequate provision of protective gear. https://www.irishnews.com/coronavirus/2020/03/26/news/-fearful-frontline-nurses-seek-legal-advice-over-mask-shortages-and-testing-1878959/
Another passion of Claires, where she is developing a growing caseload is in in environmental law. She has advanced cases that ensure the protection of green spaces in deprived communities, such as the high profile Judicial Review proceedings which were successful at the Court of Appeal in saving the Craigavon Park and Lake from construction.
More recently she successfully led the Judicial Review challenge against brought by an affected former patient, concerning the deregistration of Dr. Michael Watt, ensuring that clinical failings would be exposed in a public fitness-to-practise hearing.
Claire continues to work with and on behalf of survivors of Mother and Baby Homes in Northern Ireland and their efforts culminated in the launch of a Public Inquiry and Independent Panel into this appalling chapter of history. Her involvement in these complex and emotional cases spans the last decade.
Claire acted for the leading Legacy Civil Litigation case, John Flynn in the High Court and Court of Appeal. This cited case set the parameters for discovery in troubles related legacy litigation in Northern Ireland. The PSNI admitted liability in the course of the litigation in a case which alleges collusion between state agents and PSNI resulting in two attempts on our clients life.
Claire represents the family of murdered German backpacker, Inga Maria Hauser. Inga was an 18-year-old student on holiday from her native Munich, interrailing round the UK, for a spring break in April 1988 when she was callously murdered and dumped in Ballypatrick Forest in North Antrim. The family had endured 36 years of waiting for Justice and truth about the death of Inga, when Claire secured an Inquest into her death in 2024. This ongoing case is in its preliminary stages before the Coroners Court in Belfast.
Claire a regular contributor on Human Rights law issues in both traditional and online media. She has made many appearances on UK and international news services including Sky news, BBC, RTE, ITV.
She has delivered a number of guest lectures at QUB, UU and the Inn of Court of Northern Ireland.
NOTABLE CASES
- John Flynn -v- PSNI https://www.judiciaryni.uk/files/judiciaryni/decisions/Flynn%2C%20John%20and%20The%20Chief%20Constable%20of%20the%20Police%20Services%20of%20Northern%20Ireland.pdf
- JR80 Court of Appeal: Secured over £100 million in compensation for victims of institutional abuse. https://www.judiciaryni.uk/files/judiciaryni/decisions/JR80%27s%20Application_1.pdf
- Muckamore Abbey Hospital Public Inquiry: Achieved inquiry into institutional abuse in a modern healthcare setting. https://www.irishnews.com/news/northernirelandnews/2020/09/09/news/public-inquiry-major-victory-for-families-2060565/
- Clare McCann JR Court of Appeal. This case quashed the decision of the ABC Council to grant planning to a Regional College in the Craigavon Park and Lake. https://www.judiciaryni.uk/files/judiciaryni/decisions/McCann%27s%20%28Clare%29%20Application.pdf
- Malachy Finegan Abuse Scandal: Claire represented the lead survivor in his action. The case Led to the resignation of Bishop John McAreavey and secured one of the largest settlements for abuse survivors. The case also set out guidelines in relation to 3rd Party Disclosure in Personal Injury cases. https://www.bbc.co.uk/programmes/b09rjqlt
- COVID-19 Judicial Reviews: Represented vulnerable individuals and healthcare workers to obtain life-saving care and PPE during the pandemic. https://www.phoenix-law.org/spotlight-inside-the-pandemic/
- Mother and Baby Homes Public Inquiry: Secured justice for survivors after an eight-year campaign for a public inquiry.
https://www.nytimes.com/2018/08/27/opinion/pope-visit-ireland.html
- Dr. Michael Watt Case: Successfully challenged his deregistration, ensuring a public hearing into clinical failings by Judicial Review https://www.judiciaryni.uk/files/judiciaryni/decisions/%5B2023%5DNIKB46Final%20-%20Typed.pdf
- McClarnon McGuinness -v- The Sisters of Nazareth https://www.judiciaryni.uk/files/judiciaryni/decisions/Patricia%20McClarnon%20v%20The%20Sisters%20of%20Nazareth%20and%20Lindsay%20O%27Neill.pdf
- HIA Data Breach – largest class Action in NI. Interim advocate email data breach, so far she has secured compensation for 10 of the 89 plaintiffs. https://www.bbc.co.uk/news/articles/cj65nn13n8jo
- Inga Maria Hauser link to murder in Badlands
Memberships and Recognition
- Claire is on the committee and currently the Treasurer of the Belfast Solicitors Association
- She is a Trustee of the Old Church Centre in Cushendun (Arts Centre)
- She is Ranked by Chambers and Partners in Administrative and Public Law
Email:claire@phoenix-law.org
Trainee Solicitor
Shanagh McAllister
Shanagh McAllister is a trainee solicitor in the Litigation, Healthcare and Abuse department. Prior to joining the firm in 2022 as a paralegal, Shanagh graduated from Queen’s University Belfast with an LLB in Law and from Trinity College Dublin with an LLM in International and Comparative Law.
Shanagh works closely with experienced senior partner Claire McKeegan in various actions before the High Court, specialising in historical institutional abuse, clinical negligence, and personal injury.
She is involved in high profile civil actions against religious bodies and schools, representing victims and survivors of Fr Malachy Finegan and Br Paul Dunleavy. She is also a member of the redress team, representing clients in their applications to the Historical Institutional Abuse Redress Board against various religious and state-run institutions. Shanagh also has experience in data protection and privacy actions. She is involved in the unprecedented number of actions against the Interim Advocate for Victims and Survivors of Historical Institutional Abuse and The Executive Office following the circulation of the May 2020 newsletter, which mistakenly revealed the names and email addresses of over 250 victims and survivors of historical institutional abuse.
Shanagh has gained experience in clinical negligence claims. She assists clients in actions resulting from the Independent Neurology Inquiry and the recall of a large number of patients by the Belfast Health and Social Care Trust following concerns of misdiagnoses by consultant neurologist Dr Michael Watt. Shanagh works closely with our clients affected by a potential misdiagnosis and administration of incorrect disease modifying treatments. Shanagh also has experience in handling industrial disease claims arising from the exposure to asbestos and asbestos-related illnesses.
Shanagh also has experience in judicial review, challenging decisions made by public authorities in relation to education and healthcare provisions, and in inquests, investigating the deaths of clients’ loved ones in healthcare facilities. Shanagh has also worked closely with clients and their loved ones before the Office of Care and Protection, securing Declaratory Orders and Controllership.
Shanagh is a member of the Phoenix Law team diligently working on the Muckamore Abbey Hospital Inquiry, representing 46 Core Participants to the Inquiry.
Email:shanagh@phoenix-law.org
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