54197 (13 October 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: 54197
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award as no expenses or loss of earnings claimed.
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 Secretariat on [ ], the applicant stated that she suffered psychological injuries as a consequence of a long history of child sexual abuse perpetrated by [ ]. She was between the ages of eight and fourteen at the time of her abuse. The application form states that the applicant’s abuser, [ ] was convicted of the offences.
3. It is important to acknowledge that the applicant suffered greatly at the hands of her abuser. I have read the applicant’s victim impact statement in which she states that her life was changed by the crimes against her, and that he has “caused more pain than can ever be measured”. The applicant’s counselling file has also been submitted by her solicitor to the Tribunal. While the applicant’s resilience and maturity are referenced in her file, it is beyond doubt the applicant suffered hugely from the terrible crimes of [ ].
4. Nonetheless this decision must apply the terms of the Criminal Injuries Compensation Scheme. I have no power to go beyond those terms. While some of the Scheme’s provisions allow latitude, others do not.
5. For example, under Para 22 of the Scheme an application must be made as soon as possible and no later than three months after the incident which gave rise to the claim. However the Tribunal is entitled to allow late claims where the circumstances warrant exceptional treatment. This application was late, but unhesitatingly the Tribunal finds circumstances which warrant exceptional treatment in this case. The applicant was a minor at the time of the crimes; she had significant counselling as a consequence of them. The applicant’s claim therefore deserves latitude that Para 22 allows and her claim should be considered further.
6. However another provision of the Scheme, Para 6(e) expressly excludes the Tribunal from making awards of compensation for pain and suffering. The compensation which can be awarded under the Scheme is only for expenses or costs that arise as a consequence of an injury directly attributable to a crime of violence. This might be a loss of earnings or the cost of treatment, for example. The Scheme gives decision-makers no latitude on this point.
7. In this case the applicant has not supplied any details of losses or expenses. She frankly states that her treatment was on the public system and she was a minor at the time of the crimes so she had no loss of earnings. She does say (through her solicitor’s correspondence) that she tries to avoid working in situations where there are men and that this has limited her earning potential. Unfortunately there is no report of what impact this has had on the applicant’s potential earnings, and with which any loss of earnings might have been assessed. The Tribunal can only work on evidence supplied and cannot guess what the losses might be.
8. Essentially this means is that while the applicant has given (on her file) evidence of her psychological pain and suffering, what is presented on her behalf falls outside the scope of the Scheme’s provisions for the award of compensation. As no expenses or other claims of monetary loss have been made regrettably the Tribunal has no power to award compensation to the applicant under the terms of the Scheme.
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
13 October 2022