Publication
52668 (27 May 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: 52668
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 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 her application for compensation under the original Scheme, dated the [ ], the Applicant stated that she suffered an unprovoked racist attack in [ ]. The Applicant claims she suffered a broken finger and psychological trauma.
3. There is no Garda report on file nor are there any medical reports. However, there are medical receipts from [ ] Hospital, prescription receipts and clinic receipts.
1. Paragraph 21 of the scheme is relevant in this case.
2. Paragraph 21 states 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’.
3. The incident, in this case, occurred on the [ ]. The application was signed on the [ ]. This is outside the three-month time limit. There is a letter on file dated the [ ], from [ ] Solicitors, stating that they had contacted the Tribunal on the [ ] and had indicated the intention to lodge the application. The letter states that it was the understanding of [ ] Solicitors that the client’s details were entered into the system at that time. The letter also states that the Applicant reported the matter to Garda [ ] at [ ] Garda Station, some time after the assault.
4. The Tribunal notes the contents of this letter but finds that the Applicant’s Solicitor has not provided a clear reason as to why the Applicant’s application was being filed outside of the time. Having read the contents of the said letter, the Tribunal finds that there is no evidence of circumstances which would justify exceptional treatment to extend the time before the Tribunal.
5. Further and without prejudice to the above, even if the time were extended the Tribunal finds that the Applicant did not provide all reasonable assistance to the Tribunal pursuant to Paragraph 11.
6. Paragraph 11 of the original scheme states that ‘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’.
7. A letter was sent to the Applicant’s Solicitors on the [ ], seeking further information in relation to receipts and statements from the Department of Social Protection. There was no response to this letter.
8. A further letter was sent to the Applicant’s Solicitor on the [ ], seeking documentary evidence but no response was filed on the Applicant’s behalf.
9. A final letter was sent to the Applicant’s Solicitors on the [ ], asking if the Applicant wished to pursue her claim. The Applicant was asked to advise the Tribunal of a response by the [ ]. Again, no response was filed.
10. In the circumstances the Applicant’s claim must fail, for the reasons set out above.
Majella Twomey
Criminal Injuries Compensation Tribunal
27 May 2022