52844 (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: 52844

Date of incident: [ ]

Date of application: [ ]

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

1. The Applicant, [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In his application for compensation under the Scheme, received on the [ ] the Applicant stated that he was assaulted outside the [ ] on the [ ]. The Appellant said he suffered a cracked nose and ribs, received six stiches to the back of the head, had broken teeth and an injured finger.

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

4. The Applicant has submitted a number of 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 made just outside of the three month time limit, following the incident.

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, in his application, has not put forward any reasons for extending the time.

9. Having weighed and evaluated all the evidence before it, the Tribunal finds that there are no circumstances outlined by the Applicant 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, therefore, should not be admitted to the scheme as his claim is outside the requisite three-month time-period.

11. Further, and in the alternative, the Applicant has not provided reasonable assistance to the Tribunal.

12. A letter dated the [ ], was sent to the Applicant’s Solicitor, [ ] seeking further information once the Applicant’s injuries had stabilised. There was no response to this letter.

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

14. A further letter was sent by the Tribunal to the Applicant’s Solicitor on the [ ], again asking if the Applicant wished to pursue his application and asking for a response by the [ ]. No response was received to this letter either.

15. 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’.

16. The Applicant, in this case, has not provided reasonable assistance to the Tribunal in terms of engaging with the Tribunal’s requests. 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