52387 (10 February 2023)

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: 52387

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

1. [ ] (‘the Applicant’) 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 by the Tribunal on the [ ], the Applicant states that he suffered injuries as a result of an assault upon his person which occurred at [ ] on the [ ].

3. In his Application Form the Applicant states that as a result of the incident he suffered from depression.

4. The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme the Tribunal “may pay ex gratia compensation in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime, or the saving of human life”.

5. Applications must be made to the Scheme no later than three months from the date of incident given rise to the injuries complained of. The incident in this case is stated to have occurred on the [ ] and the application was received on the [ ]. It is the case however that paragraph 11 of the Scheme applies to this application.

6. Paragraph 11 of the Scheme states as follows “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”.

7. By letter dated the [ ] the Tribunal wrote to the Applicant seeking the provision of certain information in order to provide an assessment of the Applicant’s claim. No response was received to this correspondence.

8. Despite clear communication with the Applicant by the Tribunal and a request for the required information to assess this application no such information has been furnished to the Tribunal.

9. As the Applicant has not established his claim nor co-operated with the Tribunal in this regard no award is made.

Georgina Robinson

Criminal Injuries Compensation Tribunal

10 February 2023