53253 (1 October 2024)

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: 53253

Date of incident: [ ]

Date of application: [ ] - received by the Tribunal [ ]

Decision outcome: The application refused under para 21.

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 form, the applicant stated that she had suffered injury as a result of being assaulted by a male, [ ], in the vicinity of [ ], on [ ]. (1)

3. In his application form, the applicant stated that, as a result of the assault, he suffered deep abrasions to his head and nose which required [ ]. He also reported breathing difficulties.

4. The applicant was treated for his injuries as an in-patient at [ ]. The applicant stated that he suffers from mental trauma following the incident, including the apprehension of being assaulted in a similar manner again. The applicant claimed for expenses, including travel associated with treatment and asserted a loss of earnings claim in the sum of approximately €2,000. There was on file a letter from [ ], [ ] Hotel, which supported the applicant’s claim for loss of earnings together with a P60 dated [ ].

5. A report from An Garda Síochána, dated [ ], was on file. The report confirmed the applicant’s account of the incident and further confirmed that, on [ ], at the [ ], a juvenile offender received a suspended sentence of imprisonment in respect of the incident. No compensation was paid to the applicant as a result of the criminal proceedings. The report attached the applicant’s statement of complaint and a statement from the medical physician who treated the applicant at hospital in the immediate aftermath of the incident.

(1) The applicant’s application form incorrectly records the date of incident as [ ]. Nothing turns on this however and the Tribunal did not count this error against the applicant.

6. Paragraph 21 of the Scheme states:

‘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.’

7. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.

8. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was not received by the Tribunal until [ ]. As such, it was lodged approximately 2 years and 7 months late.

9. At Section 2(f) of the application form, dealing with reasons for the late submission of the application for compensation, the applicant stated that he had to leave [ ] and was of a ‘nervous disposition’ as a result of the incident.

10. Having carefully considered the matter, which included the applicant’s explanation for late submission of the application as set out at Section 2(f) of the application form, the Tribunal could identify no circumstances justifying exceptional treatment which would permit the exercise of its discretion in favour of admitting the application under the Scheme.

11. The Tribunal therefore refuses to admit the application under paragraph 21 of the Scheme.

12. Should the applicant, as is his right, wish to appeal this decision under the Scheme, any future Division of the Tribunal which considers the appeal might very well be assisted by the provision of medical evidence from the applicant which confirms that, owing to medical infirmity, he was unable to lodge the application until it was lodged [ ].

13. N/A.

14. N/A.

15. N/A.

16. Nil.

Conor Heaney

Chairperson, Criminal Injuries Compensation Tribunal

1 October 2024