Publication
50385 (20 March 2023)
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: 50385
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 9 of the Scheme: the claim falls below the minimum award capable of being made under 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 her application for compensation under the Scheme, received by the Tribunal on [ ], the applicant stated that she had suffered injuries at the [ ] on [ ] when she was set upon by three women in an unprovoked attack. The applicant states that she received lacerations to her face and neck from a knife wielded by one of her assailants. She says she nearly lost her life in the attack. She reports a large scar on the face and neck, and paranoia about this an indeed about being on her own.
3. A garda report dated [ ] sets out the events reported by the applicant and corroborates the injuries that she received. It however notes that criminal proceedings were not taken against the suspect in circumstances in which the applicant would not cooperate with an identity parade or view photographs of her attackers.
4. It is important to first state that the applicant suffered injuries which are appear, on the papers submitted, to have arisen from a violent and unprovoked assault. The Tribunal understands how traumatic an event this must have been and wishes to extend its sympathies to the applicant for enduring this experience.
5. The Tribunal however only has the power to apply the Scheme. It is not entitled to go beyond it.
6. It must first therefore analyse two issues which may prevent this application moving forward. The first is paragraph 21 of the Scheme (as it was at the date of application). This states, with emphasis added that:
“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”.
7. In this case the incident occurred on [ ]. In the normal course it should have been submitted on or before [ ]. It was over three months late, having been submitted on [ ].
8. In order to assess whether a late application is admissible therefore, the Tribunal must determine whether there are circumstances, which on its consideration, justify exceptional treatment. In this regard, the Tribunal notes that the Scheme is remedial in nature and circumstances giving rise to exceptional treatment should be interpreted in a broad, liberal and generous manner responsive to the circumstances of the victim of crime in each case.
9. In this case no reason was put forward for the late submission of the application. However the Tribunal notes that the nature of the incident was traumatic, there is a suggestion on the papers that the applicant was fearful of repercussions of taking the case further, and the applicant was [ ] years old at the time of the attack. It finds these as reasons which may justify extending the deadline for the application.
10. However, a further issue arises. The applicant submitted that she had €50 in medical expenses on her application form, albeit her solicitor stated in correspondence that further medical expenses (including the cost of future treatment) would be submitted. Despite correspondence with the applicant’s solicitor seeking this information, resting with a letter of [ ] from the Tribunal Secretariat stating that if no response were received the file would be sent for a decision, no further information on medical expenses were sent to the Tribunal.
11. The Tribunal is only entitled to award damages for expenses incurred under paragraph 6(e) of the Scheme. This means that it cannot award damages for pain and suffering. It is also limited by paragraph 9 of the Scheme in place at the date of application: that no award must which is of a lower value than IEP£50. Leaving aside that the €50 has not been vouched, it does not exceed the minimum amount that can be awarded.
12. The sum claimed is less than the minimum allowable under the Scheme. No award can therefore be made.
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
20 March 2023