Foilsiú
52791 (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.
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: 52791
Decision: Pursuant to Article 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 [ ]. The application form was stamped as received by the Tribunal on [ ].
3. The applicant did not state in his application form how he received injuries but stated that he was injured on [ ] by [ ] at [ ]. The applicant stated that he and his family gave statements to An Garda Siochana, and that he had authorised Gardai to seek medical reports from his GP and A&E Department of [ ] Hospital. The applicant stated that he suffered injuries to his cheekbone, eye socket and knee, and obtained medical treatment immediately following the incident, and through his GP thereafter.
4. The applicant did not submit any receipts or other vouching documentation with respect to his out-of-pocket expenses arising from this incident.
5. On [ ], the secretariat of the Tribunal wrote to the applicant acknowledging receipt of his application. The applicant was invited to submit original receipts in respect of payment made as a result of his injuries. The applicant was informed that all expenses claimed must be supported with documentary evidence.
6. 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.
7. No response to these letters is on file.
8. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form, signed on [ ];
b. Acknowledgement letter from Secretariat of the Tribunal to the applicant dated [ ] requesting the submission of vouching documentation and receipts to support application for compensation.
c. Letter from Secretariat of the Tribunal dated [ ] 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.
9. 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.
10. 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)".
11. In his application, the applicant stated that he was injured on [ ], requiring him to make an application to the Tribunal before [ ]. However, the applicant did not submit his application until [ ], six months past the required deadline.
12. 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.” The applicant stated that he had suffered significant health problems, both as a result of the incident in question and more generally, which made it impossible for him to submit his application within the three month period.
13. I accept that significant injury amounts to circumstances which warrant the granting of exceptional treatment in this case, and so the applicant’s claim is admitted for determination despite being outside of the required three-month time limit.
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.
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 BL
Member, Criminal Injuries Compensation Tribunal
13 October 2022