52731 (11 November 2022)
- Foilsithe: 11 Samhain 2022
- An t-eolas is déanaí: 20 Deireadh Fómhair 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: [ ] (a minor)
Application number: 52731
Date of incident: [ ]
Date received: [ ]
Decision: No award.
Facts
1. The applicant was involved in an incident that led to her sustaining injury to her teeth.
2. The applicant’s father has made an application to the tribunal on the applicant’s behalf as she was a minor.
Engagement with the tribunal
3. The tribunal wrote to the applicant’s solicitor on [ ] and acknowledged receipt of the application. The tribunal requested that certain documentation be provided to it. The tribunal did not receive a reply to this letter.
4. On [ ] the tribunal wrote to the applicant’s solicitor requesting an update on the claim. The tribunal did not receive a reply to this letter.
5. On [ ] the tribunal wrote to the applicant’s solicitor enquiring as to whether the application was being pursued. The tribunal did not receive a reply.
6. On [ ] the applicant’s solicitor wrote to the tribunal and sought time to reply. The tribunal had no further contact from the applicant’s solicitor.
7. On [ ] the tribunal wrote to the applicant’s solicitor asking if the applicant wished to pursue her claim. The tribunal did not receive a reply to this letter.
8. Paragraph 11 of the Scheme provides 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.”
Decision
9. The applicant has failed to engage with the tribunal in relation to her claim. Necessary documentation associated with the claim has not been submitted as requested. I am of the opinion that all reasonable assistance has not been provided to the tribunal in relation to this application. It is for the applicant to establish her case and that has not been done. I make no award.
Signed: Elizabeth Davey
Date: 11 November 2022