Publication
52375 (10 February 2020)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
File No. 52375
Application of: [ ] (Applicant)
Date of incident: [ ]
Date of application: [ ]
Date application received: [ ]
The Applicant was on duty shortly after midnight [ ] as a [ ] [ ] at [ ] when he was approached by a man who threatened him with a hand gun as a consequence of which the Applicant suffered psychological injury rendering him unfit to work for an extended period.
Article 21 of the General Scheme requires that applications be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than 3 months after the event giving rise to the injuries.
The Tribunal has no authority to extend the time limit for making applications under the Scheme.
This application was significantly late, not in fact received by the Tribunal until [ ] [ ], more than 24 months post incident.
The Tribunal is asked to determine the circumstances of this late application as justifying its exceptional treatment. The circumstances outlined by the Applicant are that shortly after the incident the Applicant met his local TD with a view to making an application under the Scheme. The Applicant states by letter dated [ ] [ ] from his solicitor to the Tribunal that he filled out an application form with his TD's staff and was assured that the application would be forwarded by the TD to the then Minister for Justice but that it now appears that this form was never forwarded to the appropriate authorities.
This letter was acknowledged in writing by the Tribunal on [ ] when the Applicant's solicitor was reminded of Article 21 and that his submissions would be available to the Member deciding the application. The relevant section of the application form refers to the letter of [ ].
There is extensive correspondence between the relevant TD and the Tribunal commencing [ ], in which no reference is made by or on behalf of the TD to a meeting with the Applicant having occurred shortly after the incident in [ ] [ ] nor to a form having been completed with his staff and no form is produced and no account is given of an application not having been forwarded to the relevant authorities, to the then Minister or otherwise. The correspondence merely seeks to make representations on behalf of the Applicant and requests updates on the progress of his application before the Tribunal.
The Tribunal is not satisfied in the circumstances of this late application that exceptional treatment is justified. The Tribunal has a concern about the conflict between the Applicant's explanation of the circumstances of the late application on the one hand and the TD's representations on the other. And the Tribunal notes that not only is the application late, it is made more than 2 years post incident and would be statute barred under the relevant civil liability limitation period of 2 years if it applied.
The Tribunal considers that it would be grossly unfair to most applicants who apply within 3 months and indeed to the small number whose applications are dismissed for being late, if the Tribunal was to admit this late application. The Tribunal therefore dismisses this application.
In circumstances where the application is dismissed as late, it is not necessary for the Tribunal to make any determination or assessment of the claims made in the application.
Dated this 10th day of February 2020
Signed: [ ]