Publication
51207 (9 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: 51207
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Paragraphs 11 and 21 of the Scheme.
1. Mr [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant claims that a Mr [ ] and Mr [ ] (“offenders”) effected a forcible entry at [ ] and subjected the applicant to an assault, battery and false imprisonment.
3. No medical report has been provided to the Tribunal. The applicant alleges that he sustained a broken tooth together with injuries to his shoulder, neck, ear and knee.
4. The matter was allegedly reported to the Gardai. The applicant is not aware of the Gardai pursuing any charges against either of the offenders.
5. The applicant advised the Tribunal that civil proceedings were contemplated, but due to the offenders leaving the jurisdiction, he was unable to effect service of these civil proceedings.
6. The applicant was not working at the time of the incident. He has applied to the Tribunal seeking the medical and dental expenses incurred as a consequence of the incident. No vouchers or documentary proof regarding any of the claimed out of pocket expenses were ever provided to the Tribunal by the applicant.
7. No contact has been received by the Tribunal for or on behalf of the applicant since [ ], over [ ] and a half years ago. The Tribunal wrote to the applicant’s solicitor on the [ ] enquiring whether the applicant wished to proceed with his application. No response was received to this correspondence.
8. 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 and documentary proof of any losses claimed, with a view towards progressing and finalising the claim.
9. This application was submitted to the Tribunal almost 11 months after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme 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”. The applicant submitted to the Tribunal that the delay arose in circumstances where he contemplated taking civil proceedings but the offenders disappeared and were untraceable.
10. The Tribunal finds that there it is not a pre-requisite of the Scheme to pursue or explore prosecuting civil proceedings before making an application to the Scheme, nor is there any rule or precondition that stipulates that the applicant can only pursue one course of action at the same time. The civil position can be, and frequently is, pursued at the same time as an application is lodged to the Tribunal. The only obligations stipulated in the Scheme concerning civil proceedings relate to an applicant advising if they are contemplating civil proceedings and in such circumstances, an applicant must advise the Tribunal if compensation has subsequently been agreed or awarded (and this is taken into account before an application is concluded). Therefore, the applicant’s reason for the late application is not, of itself, a sufficient reason to justify exceptional treatment.
11. Further, the applicant has failed to provide the Tribunal with any medical report or supporting documentation of any kind with a view towards progressing and finalising his application. In such circumstances, paragraphs 11 and 21 of the Scheme will apply. For the foregoing reasons, the Tribunal dismisses this application.
David Culleton
Criminal Injuries Compensation Tribunal
9 August 2022