Publication
54434 (13 February 2024)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 54434
Date of incident: [ ] - [ ]
Date of application: [ ] (received by the Tribunal on [ ])
Decision outcome: Application refused under paragraph 11 of the Scheme.
1. Mrs [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, the applicant stated that he had suffered injuries in the vicinity of [ ] on dates between [ ] and [ ], when the applicant was aged approximately [ ] years of age. The offender is stated by the applicant to be [ ], her [ ]. The applicant states that she suffered mental trauma and [ ] as a result of the stress brought about by the court process which she was involved in.
3. The applicant states that she reported the matter to Gardaí in [ ]. There is on file a victim impact statement. The contents of this statement are harrowing. They set out the physical and emotional trauma suffered by the applicant as a result of what she alleges is the sexual abuse which she has suffered at [ ] hands. There are no other details in relation to the matters complained of nor any indication as to how the criminal prosecution of [ ], if any, concluded.
4. The file did not contain a report from An Garda Síochána. The Tribunal Secretariat wrote to the applicant on [ ]. The letter referred to previous correspondence to which there had been no reply and requested that the applicant contact the Tribunal to confirm whether the criminal proceedings had concluded. No response being forthcoming to that letter, the Tribunal wrote again to the applicant on [ ]. The letter enquired as to whether the applicant wished to continue to pursue her application to the Tribunal and provide all necessary vouching documentation in support of her claim. If no response to the letter was forthcoming by [ ], the applicant was advised that the file would be passed to a Member for a decision.
5. There has been no response to that correspondence from the applicant.
6. The Tribunal was satisfied, on the evidence presented, that the applicant had sustained personal injury as the result of the subject incident which was directly attributable to a crime of violence.
7. Paragraph 11 of the Scheme provides, ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
8. The application form, signed by the applicant, confirmed her acceptance, under Parts 8(e) and 8(g), that she would provide all reasonable assistance to the Tribunal in the progression of her claim under the Scheme.
9. Having reviewed the correspondence, the Tribunal is satisfied, on the basis of the above, that the applicant has failed to comply with the duty imposed upon her pursuant to paragraph 11 of the Scheme and that, as a result, no compensation can be paid in respect of this application.
10. The Tribunal is mindful of paragraph 21 of the Scheme provides as follows:
‘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…’
11. On the face of it, the applicant has not submitted her claim within the three-month time period and, as such, her application could only be admitted for consideration under the Scheme if the Tribunal is satisfied that the circumstances warranted exceptional treatment. The Tribunal, in this first instance decision, makes no determination in that regard. It has confined its refusal to the provisions of paragraph 11 of the Scheme.
12. The Tribunal acknowledges the applicant’s right to appeal this decision. Should the applicant exercise that right, an Appeal Panel might be assisted by medical evidence, if such were available, which demonstrated that the applicant’s inability to comply with the terms and conditions of the Scheme was attributable to the trauma she has suffered as a result of the subject incident as set out in her application form.
13. NA.
14. NA.
15. Nil. Application refused under paragraph 11 of the Scheme.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
13 February 2024