23980 (27 November 2022)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 23980

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is refused under paragraph 21 and paragraph 11 of the Scheme.

1. The Applicant’s mother, [ ] made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) as the Applicant was under 18 at the time of the application.

2. In the application for compensation under the Scheme, received on the [ ], and notified to the Tribunal on the [ ] it was stated that the Applicant was assaulted at [ ], receiving three stab wounds to his [ ] leg, one stab wound to the wrist and two stab wounds to the shoulder.

3. There is no Garda Report, on file, but the Applicant’s mother states that he reported the matter to [ ] Garda Station.

4. The Applicant has not submitted any out-of-pocket expenses in relation to the alleged assault.

5. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.

6. The application was notified to the Tribunal just one day outside of the three-month time limit, following the incident. Furthermore, the application was not received by the Tribunal until the [ ].

7. Paragraph 21 states that ‘Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury’.

8. It is noted that the Applicant was under 18 at all material times and his mother was dealing with the claim. However, she has not put forward any reasons for extending the time in the claim.

9. Having weighed and evaluated all the evidence before it, the Tribunal finds that there are no circumstances outlined by the Applicant’s mother such that would justify exceptional treatment to extend the time in this case. The Applicant’s claim must, therefore, fall at this juncture.

10. The Tribunal finds that the Applicant, should not be admitted to the scheme as his claim is outside the requisite three-month time-period.

11. Further, and in the alternative, even if the Applicant’s claim were allowed to be admitted, it is found that the Applicant and/or his mother have not provided reasonable assistance to the Tribunal.

12. A letter dated the [ ], was sent to the Applicant’s mother seeking further information in relation to the application, which had been omitted from the form. There was no response to this letter and there was no further contact with the Tribunal.

13. A further letter was sent by the Tribunal to the Applicant’s mother on the [ ], asking if the Applicant wished to pursue his application and no response was received.

14. Paragraph 11 of the original scheme states that ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise’.

15. The Applicant and/or his mother, in this case, have not provided reasonable assistance to the Tribunal in terms of engaging with the Tribunal’s requests nor have they submitted out-of-pocket expenses. In the circumstances, the Tribunal finds that even if the case has been admitted to the scheme that no compensation would be allowable in relation to these matters.

Majella Twomey

Criminal Injuries Compensation Tribunal

27 November 2022