Publication
51609 (6 September 2022)
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: 51609
Date of incident: [ ]
Date of application: [ ]
Decision/outcome: No award under paragraph 10 (previously para. 11) of the Scheme.
1. Ms. [ ] (‘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, signed and dated [ ], the Applicant says that she was dragged [ ] to [ ] and raped by the assailant. Aside from the mental injuries, the Applicant suffered bruises and physical injuries. The assailant was convicted and sentenced to [ ] years’ imprisonment. The Applicant’s marriage was badly affected. She was unsure of how long she was absent from work.
3. A Garda Statement was subsequently received outlining the incident and corroborating the applicants form and adding further particulars. stating that the injuries were very serious and were apparently caused by a [ ]. Two suspects had been arrested and charged and a file sent to the DPP. Directions were awaited and the matter stood adjourned to [ ] Court on [ ].
4. The Tribunal wrote to the Applicant by letter dated [ ] providing the Garda report and sought further information. The Applicant responded by letter received [ ]. She stated that she had to leave [ ] as a result of the assault, having completed three of the four years. She outlined dependency on medication and serious psychological damages as a result of the assault. She outlined that her career had been destroyed by the assault and that huge family expenditure incurred as a direct result of the assault also.
5. In addition, information from the Department of Social Welfare was sought directly and her treating psychologist. It was stated that the applicant had failed to attend 9 of fourteen scheduled appointments. She was discharged from the clinical psychology waiting list for failing to commit to attending the course of treatment.
6. The Tribunal wrote to the Applicant by letter dated [ ] seeking further information. This was not responded to.
7. A further letter was sent to the Applicant dated [ ], asking if the Applicant still wished to pursue the application, and if so asking for the relevant documentation. No reply was received to this letter either.
8. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
9. I am satisfied that the applicant has established, on the balance of probabilities, that she was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.
10. The Scheme provides at para. 20 (previously para. 21) as follows:
“Applications should be made as soon as possible but, except in circumstances de-termined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury.”
11. This application was made almost [ ] years after the incident. However, I am satisfied that the Applicant suffered psychological injury to such a degree that it is a circumstance that justifies exceptional treatment. Therefore, the application is admitted under this paragraph.
12. However, the Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. 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.”
13. From the foregoing lack of reply to the letter from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
14. The Applicant was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.
15. However, the Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, no award of compensation under the Scheme is made.
16. In any event, the Applicant did not adequately prove her financial loss due to the assault, such as from a consultant psychiatrist and actuary. If the Applicant had provided specific information in relation to the effect of the assault on her psychologically and financially, this could be considered. The applicant could seek for such reports to be paid by the Tribunal if she was unable to pay for them.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
6 September 2022