51000 (27 May 2022)

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: 51000

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No compensation is payable as the injury does not fall within the ambit of the Scheme.

1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on behalf of her son [ ], who was born on [ ].

2. In her application for compensation under the Scheme, received on [ ] the applicant stated [ ] had been injured on the [ ] by “[ ]” on [ ]. A letter from Garda [ ] dated [ ] was attached outlining that the applicant had reported that her son [ ] was playing on the estate where they live, and that when doing so a young girl called [ ] “got [ ] arm and broke it over a go-kart”. Garda [ ] states that at the time the applicant did not want the Gardaí to investigate or to speak with the young girl’s parents, but wanted the matter noted.

3. No medical report was supplied to the Tribunal.

4. A Garda report dated [ ] was submitted.

5. The sum of €244 was claimed, being travel costs of 155 kilometres at €1.26 per kilometre (€186), a surgery visit to Dr. [ ] in the amount of €50, and parking fees of €8.

6. The Criminal Injuries Compensation Tribunal established under Paragraph 16 of the Scheme may pay compensation in accordance with this Scheme in respect of personal injury where the injury is directly attributable to a crime of violence.

7. On the information available to me, I find that the injury sustained by [ ], who was aged [ ] at the time, was a routine childhood injury caused during play.

8. From the information supplied to the Tribunal I am not satisfied that the injury sustained is directly attributable to a crime of violence and that therefore the injury does not fall within the ambit of the scheme.

9. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

27 May 2022