Publication
51262 (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: 51262
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 10 of the Scheme.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received on [ ], the applicant stated that he had suffered an assault causing brain injuries in [ ] on [ ]. The application form sets out that garda statements and further particulars of the incident will follow.
3. While paragraph 20 of the Scheme (formerly para 21) sets a three-month time limit within which to make an application under the Scheme, the same provision allows for applications to nonetheless be considered where circumstances warrant exceptional treatment. Injuries resulting in a brain injury amount to circumstances which demand exceptional treatment to be extended: the application will be admitted for further consideration.
4. However the Scheme places another limit on eligibility under the Scheme in paragraph 10. This reads:
“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.”
Thus Under Para 10 of the Scheme the applicant must give the Tribunal all reasonable assistance if he is to be eligible for compensation under the Scheme. The rationale of this rule appears to be that the Tribunal needs information upon which it can make its decision as to the appropriate amount of compensation to award. That information must come either directly or indirectly from the applicant.
5. As stated above, the application form stated that further details in respect of the claim would follow. From a review of the file no further details appear to been furnished. The application form states that civil proceedings were contemplated, but no further information has been supplied on this point. The sum total of information in the case file is that the applicant suffered a brain injury as a result of an incident in [ ] in on [ ].
6. On [ ] the Tribunal Secretariat wrote to the applicant’s solicitor enclosing the Garda Report. This report is not on file. However while in general terms such a report would be intrinsic to the decision-making process (to determine if the applicant’s injuries resulted from a crime of violence) in light of the dearth of other detail in this case the lack of garda report becomes insignificant. More significant is that the letter of [ ] requested specific information to substantiate the applicant’s claim for loss of earnings, treatment, prognosis, and any welfare benefits received. This information is necessary for the Tribunal to discharge its core function of analysing the extent of the claim. However it appears from the file that no reply to this letter was received by the Secretariat.
7. On [ ] a follow-up letter was sent by the Tribunal Secretariat to the applicant’s solicitors. It enclosed the letter of [ ] and sought confirmation of whether the applicant wished to pursue his claim, and if so to furnish the requisite documentation. It appears that no reply to this letter was received by the Secretariat.
8. Absent of any information on the injuries sustained, the cost of treatment, the loss of earnings and any other relevant expenses, the Tribunal cannot assess the applicant’s claim. Regretfully it must apply paragraph 10 of the Scheme in circumstances where no reasonable assistance has been given to the Tribunal to discharge its function. The Tribunal must therefore decline to award compensation in this case.
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
6 September 2022