Publication
10572 (13 July 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: #10572
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant claims that having been placed in care at twelve years of age, into [ ] following the death of his parents and also a brother, he ran away, following which he travelled to Ireland and stayed with various relatives over a ten-month period, including at [ ].
The Applicant’s claim is that he was sexually abused by [ ] on the night of [ ] when he was sleeping on a downstairs couch and that he left the following morning to stay with [ ].
The Applicant claims that while he returned to stay with his [ ] in [ ] for just one night prior to his return to England, no further abuse occurred.
The Applicant’s claim is that as a result of this abuse he suffered psychological and mental injury including anxiety, depression, flashbacks and nightmares, and that he continues to receive counselling from [ ] in [ ]. The Applicant also states on his application form at s. 4(i) “Constantly the mental scars of shame, trauma, vulnerable” and at s. 4 (k) “My whole working life has been devastated by the effects of this incerdent [sic], leading to multiple periods of unemployment.”
At s. 7 (b) of his application form the Applicant further states: “My whole life (including education, relationship with family, employment mental wellbeing, spousal and parental and social relationships has been affected by this incidedent [sic]. As a result of his criminal actions, I don’t feel I have ever reached my full potential”
The Applicant first made a complaint about this incident on the [ ], to the [ ]. The [ ] had approached he Applicant as part of their investigation, entitled [ ], into complaints of child abuse at [ ] School. The Applicant confirmed to the [ ] that he had run away from [ ] because of the abuse he had suffered there, and, that the abuse he had suffered throughout his childhood had a significant effect on him even into adulthood, that he felt he had no one to confide in and that he would not be believed.
The Applicant’s complaint in relation to the incident of sexual abuse in [ ] was forwarded to An Garda Síochana at [ ] [ ] Unit, [ ]. In a Garda Report furnished to the Tribunal, dated the [ ], Detective Garda [ ] reported that the Applicant claimed that the alleged offence occurred circa [ ]. No proceedings were taken, confirmed Detective [ ], as the alleged suspect had died in [ ] on the [ ].
From the Applicant’s medical records furnished to the Tribunal, including his GP records, it appears that the Applicant suffers from considerable physical health issues today, including significant recurrent acute appendicitis, cardiac and respiratory co-morbidities. The Applicant has also received a diagnosis of moderate depressive episode.
This application was received by the Tribunal on the [ ], almost [ ] 37 years after the incident of abuse in [ ] complained of by the Applicant.
It is clear from the Applicant’s file that he had been subjected to physical and mental abuse, as well as sexual abuse, as a young boy whilst resident in the care system at [ ], prior to travelling to [ ].
In correspondence dated the [ ] the Applicant confirmed to the Tribunal that he had received compensation from the [ ] as a result of the abuse he had suffered whilst in care in [ ]. On the [ ] the Tribunal requested sight of the settlement agreement from the [ ], and also requested that the Applicant furnish it with a medical report setting out the alleged injuries attributed to the incident of abuse by his [ ] complained of by the Applicant when staying in [ ] while he was in [ ]. The Tribunal also asked the Applicant to address the discrepancy in relation to the year he claimed the incident of abuse occurred in [ ].
As the Tribunal received no response from the Applicant in relation to the documentation and clarifications it sought, it wrote most recently, on the [ ] to the Applicant seeking the information as requested in its earlier correspondence of the [ ]. No response has been received from the Applicant.
Paragraph 10 (previously 11) of the Scheme, states that:
“No compensation will be paid 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.”
In the opinion of the Tribunal the Applicant has not given all reasonable assistance to it by providing the necessary documentation to support his claim, as requested.
The Applicant has not co-operated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, therefore, pursuant to paragraph 10 of the Scheme, no compensation will be paid and no further consideration of this application is required.
No award
*As a result of the foregoing, the Tribunal is of the view that it is not necessary (a) to determine whether the Applicant was the victim of a crime of violence which occurred in Ireland in either [ ] or [ ] claimed, and if so, the extent of the injuries suffered by the Applicant directly attributable to that crime of violence, and (b) to consider the issue of delay in the submission of this application.
Nora Pat Stewart
Dated: 13 July 2022