54412 (20 January 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: [ ] on behalf of [ ]

Application number: 54412

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’) on behalf of her daughter, [ ].

2. On the [ ], the [ ] was pushed off her bike [ ].

3. [ ] spent [ ] weeks in hospital in Hospital. She required [ ] operations and underwent extensive physiotherapy treatment. She was off school for an extended period of time.

4. The incident was reported by the applicant to [ ] Garda Station. It is unknown if the any charges or prosecutions followed.

5. The applicant has not put forward any vouched out of pocket expenses.

6. No contact has been received for or on behalf of the applicant since she lodged the original application form, over four and a half years ago. Paragraph 11 of the (pre-April 2021) Scheme states 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”* [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with adequate and sufficient vouchers and documentary proof of any losses claimed, with a view to finalising her claim. The applicant has not provided any evidence that [ ] sustained any provable out of pocket expenses.

7. It is not within the remit of the Tribunal to award compensation to [ ] for the undoubted pain and suffering that she experienced. The Tribunal can only make an award in respect of vouched out of pocket expenses only. The applicant has failed to prove that [ ] sustained any financial losses. In circumstances where the applicant has not proven that [ ] sustained any out-of-pocket expenses, it is not possible for the Tribunal to make any award to the applicant.

8. The applicant has also failed to progress this claim for the past four and a half years and has therefore failed to offer the Tribunal all reasonable assistance to enable the Tribunal to finalise [ ] application. Therefore, paragraph 11 of the Scheme will apply.

9. For the forgoing reasons, the Tribunal dismisses this application.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

20 January 2024