Publication
51971 (21 October 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of incident: [ ]
Date of application: [ ]
Case reference: 51971
Decision: Pursuant to Paragraph 11 of the Scheme in place at the time of the applicant’s application, no award of compensation will be made.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ] and submitted under cover of letter from his legal representative dated [ ]. The application was stamped as received by the Tribunal on [ ].
3. In his application, the applicant stated that he was injured on [ ] in [ ], where he was employed, by [ ], a customer of the [ ].
4. As a result of his injuries, the applicant received inpatient care in hospital overnight and thereafter obtained medical care from his GP. With respect to loss of earnings, the applicant stated that particulars “Will be furnished.”
5. The applicant claims compensation from the Tribunal amounting to €100 for hospital bills.
6. With respect to the delay in submitting his application, the applicant stated that he suffered a serious injury to his nose and after the assault he sought medical treatment. The applicant stated that it was only when he became aware of the extent of his injuries that he decided to make an application for compensation.
7. The applicant did not submit any receipts or other vouching documentation with respect to his out-of-pocket expenses arising from this incident.
8. The Tribunal has had the benefit of the statement made by the applicant to An Garda Siochana at [ ] Garda Station on [ ]. The applicant stated that he worked as a [ ] at the [ ]. The applicant was asked by the [ ] to [ ] who was intoxicated and causing a nuisance. When the applicant spoke to the man he became abusive. The applicant called a colleague who both attempted to remove him. The intoxicated man took a swing at the applicant and hit him on the nose. The applicant went to [ ] hospital for treatment.
9. The applicant received ongoing treatment for his broken nose.
10. The Tribunal has had the benefit of a Garda Report dated [ ] which confirms the details of the Garda statement. The applicant has a number of previous convictions for road traffic and public order offences.
11. The assailant was charged and pleaded guilty to one count of assault causing harm. An offer of compensation was made, but as the assailant was on social welfare, it was determined that the offer should be refused as it would be unlikely to be paid.
12. The secretariat of the Tribunal wrote to the applicant enclosing the Garda Report and seeking documentation to vouch the applicant’s claim for compensation for out-of-pocket expenses and loss of earnings.
13. On [ ], the secretariat of the Tribunal wrote to the applicant asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
14. No response to this letter is on file.
15. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form under cover of letter dated [ ];
b. Copy of Garda Statement dated [ ];
c. Garda Report dated [ ];
d. Acknowledgement letter from Secretariat of the Tribunal to the applicant;
e. Letter from Secretariat of the Tribunal to the applicant enclosing Garda Report;
f. Letter from Secretariat of the Tribunal dated [ ] to the applicant asking the applicant to submit outstanding information, including original vouching documentation relating to out-of-pocket expenses and in absence of same, his file would be sent to a Member of the Tribunal for determination.
16. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.
17. Paragraph 11 of the Scheme in place at the time of his application reads: “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.”
18. In determining whether a lack of reasonable assistance has been given such that compensation is not payable, consideration must be given to the scope and purpose of Paragraph 11. It effectively cuts applicants off from compensation and is thus a far-reaching provision. Its purpose is to serve as a sanction against those who do not co-operate with the Tribunal – its secondary purpose is to encourages applicants to give the Tribunal reasonable assistance.
19. The Tribunal should not rely on paragraph 11 to deny an applicant the potential for compensation in an irrational or arbitrary way. It seems logical to take into account two main factors: (i) the nature of the information or assistance sought by the Tribunal (and in particular whether its absence prevents a proper decision being made) and (ii) the frequency of requests and time elapsed wherein no adequate response has been received by the Tribunal.
20. In this case the applicant has not submitted any receipts for expenses arising as a result of his injury or any other vouching documentation. In his application form the applicant stated that particulars of his expenses would be furnished to the Tribunal separately. However, there are no receipts or vouching documentation on the applicant’s file. It is observed that without these receipts and other vouching documentation, there is no information upon which the Tribunal can base an assessment of compensation. The documents in question are integral to the formation of any determination.
21. The Tribunal requested the documents twice, once following receipt of his application in [ ] and thereafter on [ ]. No response to these communications has been received. The incident occurred in [ ] and there has been no communication from the applicant since the submission of his application form.
22. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, and the elapse of time with no communication from the Applicant (despite request), that there has been a failure to give reasonable assistance to the Tribunal. As a result, applying Paragraph 11 of the Scheme, no compensation is payable to the Applicant.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
21 October 2022