Foilsiú
51568 (26 August 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.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ]
Date of application: [ ]
Case reference: 51568
Decision: applying Paragraphs 11 of the Scheme in place at the time of the applicant’s application to the Tribunal, no award of compensation will be paid.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ].
3. In her application, the applicant stated that she was injured on [ ] at [ ], [ ] in the company of her boyfriend. The applicant’s boyfriend, who was also injured, has made his own application to the Tribunal.
4. The applicant stated that as a result of a violent skirmish with a group of unknown persons, she suffered bruising to her nose and face and had a sore hand. She received treatment at [ ] Hospital.
5. The applicant claims compensation for travel to hospital appointments.
6. The Tribunal has had the benefit of a Garda Report dated [ ] which states that the applicant reported that she and her boyfriend were involved in a verbal altercation with a group of [ ] in [ ]. The applicant’s boyfriend was attacked by this group, and, to defend her partner, the applicant hit one of the attackers who responded by hitting her in the nose. As a result, the applicant was injured.
7. The Garda Report states that the applicant has one previous conviction for shoplifting.
8. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative enclosing the Garda Report and highlighting the provisions of Article 14 of the Scheme and inviting submissions on this topic.
9. Subsequently, the applicant’s legal representative submitted to the Tribunal a short statement made by the applicant with respect to the provisions of Article 14 of the Scheme.
10. On [ ] the secretariat of the Tribunal wrote to the applicant’s legal representative asking if the applicant wished to pursue her claim, and, if so to submit the documentation sought, including receipts to vouch her claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, her file would be sent to a Member of the Tribunal for determination.
11. No response to this letter is on file.
12. The applicant’s boyfriend has made his own separate application to the Tribunal for compensation under the Scheme. The applicant’s application will be determined on the basis of her own application.
13. Paragraph 21 of the scheme which was in place at the time of the application states:
"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. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".
14. In her application, the applicant stated that she was injured on [ ], requiring her to make an application to the Tribunal before [ ]. However, the applicant’s application to the Tribunal was not received until [ ].
15. Question 2(f) of the application form states: “If it is over three months from the date of incident to date of submission of application, please give reasons for delay as requires [sic] under Article 21 of the Scheme.”
16. The applicant stated that her legal representative wrote to Gardai seeking a copy of her statement, and once it was received by the applicant’s solicitor, the application was immediately made.
17. I am satisfied that the application was made immediately on receipt of her garda statement to her legal representative and therefore the claim will be accepted for determination notwithstanding the delay in making the application.
18. Paragraph 11 of the Scheme reads: “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.”
19. In determining whether a lack of reasonable assistance has been given such that compensation is not payable, consideration must be given to the scope and purpose of Paragraph 11. It effectively cuts applicants off from compensation and is thus a far-reaching provision. Its purpose is to serve as a sanction against those who do not co-operate with the Tribunal – its secondary purpose is to encourage applicants to give the Tribunal reasonable assistance.
20. The Tribunal should not rely on paragraph 11 to deny an applicant the potential for compensation in an irrational or arbitrary way. It seems logical to take into account two main factors: (i) the nature of the information or assistance sought by the Tribunal (and in particular whether its absence prevents a proper decision being made) and (ii) the frequency of requests and time elapsed wherein no adequate response has been received by the Tribunal.
21. Without evidence of expenses actually incurred by the applicant as a result of her injury, there is no information upon which the Tribunal can base an assessment of compensation.
22. The applicant has not provided any receipts or any other information to substantiate her claim for compensation for out of pocket expenses which arose as a result of the injuries she sustained.
23. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, there is no information before the Tribunal to determine what expenses were incurred by the applicant, and therefore the level of compensation which should be paid to the applicant.
24. Therefore applying Paragraph 11 of the Scheme, the application must be refused.
Peter Stafford
Member, Criminal Injuries Compensation Tribunal
26 August 2022