Publication
50125 (2 March 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Case reference: 50125
Determination: The applicant is awarded compensation of €879.20
1. By way of application form marked as received by the Criminal Injuries Compensation Tribunal (“The Tribunal”) on [ ], the applicant claims compensation from the Tribunal for injuries arising out of a crime of violence took place during the period [ ].
2. The applicant stated that, during that period, she was sexually assaulted by [ ] [ ] when she babysat her sister.
3. The applicant stated that, as a result, she suffered depression and dropped out of college.
4. With respect to the delay in making an application for compensation from the Tribunal, the applicant stated that she reported the matter to An Garda Siochana on [ ], and criminal proceedings were commenced in [ ] and adjourned to [ ].
5. The applicant attended her local GP and attended counselling sessions.
6. The Tribunal has had the benefit of a Garda Report dated [ ] which is consistent with the claim made by the applicant in her application form.
7. The Tribunal has also had the benefit of a statement from [ ] Rape Crisis Centre dated [ ] which confirms that the applicant undertook 56 sessions of counselling between [ ] and [ ].
8. On [ ], the secretariat of the Tribunal wrote to the applicant asking her to submit any information on the outcome of the criminal proceedings brought against [ ].
9. Further, the secretariat of the Tribunal wrote again to the applicant on [ ] seeking further information from the applicant relating to any loss of earnings in the form of a medical and psychological report. She was further asked to submit information relating to any payments received in the form of social welfare.
10. No responses were received to these letters.
11. On [ ], the secretariat of the Tribunal wrote to the applicant asking if she still wished to pursue her claim and to submit any documentation including original receipts and vouching documentation. The letter stated that in the absence of this, the file would be sent to a member of the Tribunal for determination.
12. Again, no response was received to this letter.
13. The following documents were furnished to the Tribunal Member for decision:
14. Paragraph 21 of the Scheme in place at the time of the applicant’s application 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.”
15. It is accepted that the sexual assaults which give rise to this application took place while the applicant was a minor and that the applicant had undergone a long period of counselling before reporting the matter to An Garda Siochana and making an application to the Tribunal when reaching adulthood. It is also accepted that, at the time of the application, criminal proceedings had recently commenced. It is therefore determined that the circumstances of this case justify exceptional treatment and the application is deemed admissible notwithstanding the delay in making the application to the Tribunal.
16. Paragraph 6(e) of the Scheme in place at the time of the applicant’s application to the Tribunal states that compensation will not be payable “in so far as injuries sustained on or after 1 April 1986 are concerned in respect of pain and suffering.”
17. Therefore, the applicant may only recover compensation for out of pocket and other expenses which are duly vouched by documentary evidence before the Tribunal.
18. 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, in relation to any medical report that it may require, and otherwise.”
19. The secretariat of the Tribunal wrote to the applicant on [ ] seeking a medical and psychological report to assess whether the applicant would be able to obtain compensation for loss of earnings. No response was received to this letter, and no such report has been furnished to the Tribunal.
20. Therefore, there is no information before the Tribunal to determine any award for loss of earnings.
21. The only vouched expenses before the Tribunal is the applicant’s attendance at [ ] Rape Crisis Centre. In this report, the [ ] Rape Crisis Centre stated that the applicant travelled a total of 2,800 miles to attend counselling sessions.
22. Based on the standard Department of Finance rate of €0.3140 per mile which was in place at the time of the applicant’s application and when the costs were incurred, the applicant is therefore entitled to a reimbursement for travel expenses amounting to €879.20.
23. Accordingly the applicant is awarded the sum of: €879.20 being the total amount of the vouched expenses submitted by the applicant.
Signed: Peter Stafford BL
Dated: 2 March 2022