Publication
51590 (10 August 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: 51590
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 21 of the Scheme.
1. [ ] 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 [ ], the Applicant stated that he had suffered injuries following an assault in [ ].
3. The Applicant states that he was violently assaulted by someone whom he had been drinking with and he suffered severe brain injury and facial injuries.
4. There is a Garda report on file dated the [ ], which states that an incident occurred on the morning of the [ ], at [ ], which was reported to the Gardaí. The Gardaí did not witness same. The report states that the Applicant was brought to hospital in a state of coma, he had traumatic brain injuries and multiple face injuries. He was admitted to the [ ] Hospital on the [ ] and released on the [ ]. The Applicant has no previous convictions.
5. The offender was convicted in [ ] to a period of [ ].
6. Paragraph 21 is relevant in this case as the application was not made as soon as possible or within the three-month time limit.
7. The application was submitted on the [ ], when it should have been made before the [ ]. The applicant’s Solicitors, [ ] & Co, submitted the application form on the [ ]. The application form states that the Solicitor only received instructions on the [ ], and notified the Tribunal immediately. The letter states that the Tribunal advised that the Applicant’s claim had been registered. The application form states that the Applicant was initially in a coma and was not released from hospital until the [ ]. The Tribunal notes that there is no record on the application form, itself, by the Tribunal, stating the date of notification. Furthermore, there are no medical reports, on file, to suggest that the Applicant was not in a position to make such an application within the three month time period.
8. The Tribunal notes that there is a letter on file from the Tribunal, dated the [ ], reciting Article 21 and stating that the Applicants reason for late application would be placed on the file and would be considered by the deciding member. There is nothing in this letter to suggest that the Tribunal had, at that point, informed the Applicant that his application was accepted, rather the application had been registered.
9. 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’.
10. It is noted that the Applicant was released from hospital on the [ ] (according to his Solicitor). The Garda report states the date was the [ ]. While there is reference to the Applicant having suffered a brain injury and being in a coma, there are no medical reports on file in this respect. There are no medical reports to state that the Applicant would not have been able to submit his claim before the [ ], due to a disability or brain injury, for example. While there is reference to the Applicant having been under Dr [ ], The [ ] and [ ] Hospital, there is no report from him, before the Tribunal, which would assist it, in relation to the extension of time.
11. The circumstances outlined by the Applicant, in the absence of any medical evidence, cannot be said to be such that would justify exceptional treatment to extend the time. The Applicant’s claim must, therefore, fall at this juncture.
12. The Tribunal finds that the Applicant, therefore, should not be admitted to the scheme as his claim is outside the requisite three-month time period.
Majella Twomey
Member, Criminal Injuries Compensation Tribunal
10 August 2022