Foilsiú
51902 (21 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.
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 incident: [ ]
Date of application: [ ]
Case reference: 51902
Decision: Pursuant to Paragraph 11 of the Scheme, no award of compensation will be made.
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 [ ] and stamped as received by the Tribunal on [ ].
3. In his application, the applicant stated that he was injured on [ ]. With respect to the circumstances of the injury, the applicant stated, “I will give the complete personel [sic] statement details on my hearing.”
4. The applicant stated that he suffered injury to his right and left elbows, both legs, neck and shoulder. The applicant attended hospital and continued to attend his GP. The applicant stated that, as a result of his injures he was unable to work and was still out of work at the time of his application.
5. The applicant did not submit any receipts or other vouching documentation with respect to his out-of-pocket expenses arising from this incident.
6. On [ ], the applicant sent the Tribunal a letter from [ ] which described the injuries he sustained.
7. The Tribunal has had the benefit of a Garda Report dated [ ] which states that on [ ], the applicant was [ ] during the course of his employment, when he was pushed to the ground by an unknown man who then stole the applicant’s car which he was using to [ ]. The Garda Report states that the applicant has no convictions and no proceedings had been issued.
8. On [ ], the secretariat of the Tribunal wrote to the applicant enclosing the Garda Report and seeking documentation to vouch the applicant’s claim for compensation for out-of-pocket expenses and loss of earnings.
9. On [ ], the secretariat of the Tribunal wrote to the applicant to enquire if he still wished to pursue his claim for compensation, and to forward details of his earnings at the time of the incident, including his P60 and any details from the Department of Social Protection with respect to any social welfare he had received following the incident.
10. On [ ], the secretariat of the Tribunal wrote to the applicant asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
11. No response to this letter is on file.
12. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form;
b. Garda Report;
c. Correspondence between the Secretariat of the Tribunal and applicant;
d. Letter from applicant’s GP, [ ].
e. Letters from Secretariat of the Tribunal dated [ ] and [ ] to the applicant asking the applicant to submit outstanding information, including original vouching documentation relating to out-of-pocket expenses and in absence of same, his file would be sent to a Member of the Tribunal for determination.
13. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.
14. 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.”
15. 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 encourages applicants to give the Tribunal reasonable assistance.
16. 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.
17. In this case the applicant has not submitted any receipts for expenses arising as a result of his injury or any other vouching documentation. It is observed that without these receipts and other vouching documentation, there is no information upon which the Tribunal can base an assessment of compensation. The documents in question are integral to the formation of any determination.
18. The Tribunal requested the documents twice, once on [ ] and thereafter on [ ]. No response to these communications has been received. The incident occurred in [ ] and there has been no communication from the applicant since the submission of his application form and a letter from his GP regarding his injuries.
19. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, and the elapse of time with no communication from the Applicant (despite request), that there has been a failure to give reasonable assistance to the Tribunal. As a result, applying Paragraph 11 of the Scheme, no compensation is payable to the Applicant.
Peter Stafford
Member, Criminal Injuries Compensation Tribunal
21 October 2022