53006 (27 May 2024)

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: 53006

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Application refused under paragraph 11 of the Scheme.

1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In her application for compensation under the Scheme, the applicant states that she sustained injury as a result of an assault which occurred on [ ] in the vicinity of [ ]. The applicant states that she was assaulted by [ ] with whom she had been socialising on the date in question. This was a serious assault in the course of which the applicant states that [ ] bit off [ ]. She states that she received hospital treatment for her injuries together with consulting her own GP.

3. The applicant states that she has had to spend approximately €1,000 on cosmetics to cover her face and further states she may have to pay for extensive plastic surgery. There were no medical or other reports detailing the extent of the applicant’s injuries.

4. The Garda Report, dated [ ], confirms that the applicant was assaulted in the manner alleged by the applicant. The Report further states that the applicant’s injuries arose out an argument which the applicant had with [ ] and that the applicant had been partaking in anti-social behaviour in the period preceding the assault. The Report also states that the applicant had come to the attention of An Garda Síochána ‘on numerous occasions’ and had a total (as at [ ] ) of [ ] convictions. The applicant’s criminal record was not on file nor was there any further description of the applicant’s convictions.

5. On [ ], the Tribunal Secretariat emailed the applicant and requested that she confirm, by [ ], whether she wished to proceed with her application. If no response was submitted by that date, the applicant was advised that the file would be passed to a Member for a decision.

6. There has been no response to that correspondence from the applicant.

7. Paragraph 21 of the Scheme provides as follows:

‘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…’

8. The applicant’s application form was lodged with the Tribunal on [ ]. As such it was received by the Tribunal some eight months after the three-month time limit for the submission of the application form had passed.

9. In her application form, at Section 2(f), the applicant set out the reasons for the late submission of the application form. These were twofold: first, that she had been traumatized by her injuries and had been unable to process the claim, and, second, that she had only found out about the Scheme in [ ] and had lodged the application form having received a form from a solicitor. On balance, the Tribunal is minded to extend the exceptional treatment provision to the applicant’s inability to process the claim due to the traumatic injuries which she sustained. Accordingly, the Tribunal admits the application for consideration under the Scheme.

10. Paragraph 11 of the Scheme provides, ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’

11. The application form, signed by the applicant, confirmed her acceptance, under Parts 8(e) and 8(g), that he would provide all reasonable assistance to the Tribunal in the progression of his claim under the Scheme.

12. Having reviewed the correspondence, the Tribunal is satisfied, on the basis of the above, that the applicant has failed to comply with the duty imposed upon her pursuant to paragraph 11 of the Scheme and that, as a result, no compensation can be paid in respect of this application.

13. NA.

14. NA.

15. Nil. Application refused under paragraph 11 of the Scheme.

Conor Heaney

Chairperson, Criminal Injuries Compensation Tribunal

27 May 2024