Publication
52824 (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: 52824
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 11 of the scheme.
1. [ ] (‘the applicant’) has made a claim for compensation on behalf of her son [ ] under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], [ ] was allegedly assaulted by [ ] and [ ] at or near [ ].
3. [ ] sustained significant dental injuries and received extensive treatment from [ ].
4. The incident was reported by the applicant to [ ] Garda Station on the [ ]. It is unknown if the alleged offenders were subsequently charged or prosecuted.
5. No contact has been received by the Tribunal for or on behalf of the applicant since he initially lodged this application on the [ ], over [ ] and a half years ago. The Tribunal wrote to the applicant on the [ ] enquiring whether the applicant wished to advance his application. No response was received by the Tribunal to this correspondence.
6. Paragraph 11 of the (pre-April 2021) 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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers, documentary proof of any losses claimed and all relevant information, to enable the Tribunal to sufficiently conclude the claim.
7. The Tribunal finds that the applicant has failed to provide the Tribunal with all reasonable assistance with a view towards progressing and finalising the claim of [ ]. In such circumstances, paragraphs 11 of the Scheme will apply. For these reasons, the Tribunal declines to make an award in this matter.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
27 May 2022