Publication
10544 (23 April 2018)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal - General Scheme
Determination on Appeal
made on the [ ]
File No. 10544
Appellant - [ ] represented by [ ] SC, [ ] BL instructed by [ ], Solicitors
Tribunal: [ ]
This appeal came before the Tribunal by way of an appeal from a single member decision.
The Appellant's application arose from historical sex abuse over an extended number of years, continuing until the Appellant [ ]. The Appellant suffered devastating psychological injuries upon learning, years later, that [ ] had abused other children under [ ] two of whom [ ] who were complainants in a criminal prosecution of the Offender and another of whom [ ]. While the Appellant had delayed his application to the Tribunal for several years after he learned of his injuries and long outside the time permitted for applications under the Scheme, the Tribunal is satisfied that the circumstances of the application are such as to justify exceptional treatment of the application.
The Tribunal has had the benefit of the Appellant's own evidence, that of his [ ] and the expert reports of:
The Appellant applies for an ex-gratia award of special damages under the Scheme for past loss of earnings and expenses related to his application. The Appellant has claimed loss of earnings for 3 months in [ ] through to [ ] on the basis that had he not suffered the injuries complained of, he would have enjoyed full employment and net earnings of approximately GBP21,500 per annum. The Tribunal is not satisfied the Appellant would have enjoyed full employment given the sporadic nature of his employment in the years before he suffered injury, and awards past loss of earnings for six-and-a-half years only, being;
Possible net income but for injuries 21,500 x 6.5 = 139,750
The Tribunal will deduct income received by the Appellant, per the following schedule;
Disability living allowance 88 x 12 x 6.5 = 6,864;
Housing benefit 680 x 12 x 2 = 16,320;
Unemployment benefit 71 x 52 x 6.5 = 23,998l
Add back periods of employment 71 x 60 = 4,260
The Tribunal therefore awards 139,750 minus 23,998 minus 16,320 minus 6,864 plus 4,260 = GBP96,828
The award is payable at the EURO equivalent of GBP96,828 as at the date of payment.
The Tribunal also awards €294 for expenses arising from adjourned hearing [ ] [ ].
Dated this 23rd day of April 2018
Signed [ ]