Foilsiú
52097 (10 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: 52097
Decision: Pursuant to Paragraphs 9 and 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 [ ] outside [ ] on [ ] by [ ]. The applicant had his two front teeth knocked out, and as a result of his injuries underwent dental treatment. At the time of his application, the applicant anticipated that further dental treatment would be necessary.
4. The applicant claims compensation for the dental treatment received as a result of his injuries sustained during the assault.
5. The applicant submitted a personal statement which states that, on the date in question, the applicant had been [ ]. A row took place between the applicant and his friends, and that the applicant was punched in the face by a man who was part of the other gang. The applicant believed that, at some point in the day, his drink may have been spiked. The applicant was in pain as a result of the assault and was bleeding from the mouth. The applicant went with his mother to the A&E Department of [ ] hospital where his teeth were temporarily put back in place, under local anaesthetic. The next day, the applicant went to his dentist who provided interim treatment. At the time of his statement, the applicant has no feeling in his teeth and could only eat soft food.
6. The applicant submitted a receipt for €100 for accident and emergency charges.
7. The Tribunal has had the benefit of a Garda Report dated [ ] which states that the applicant was assaulted during a row which took place outside [ ] between a group of youths from [ ] and a group from [ ]. During the row, the applicant was struck by a male, resulting in his injuries. The Report states that the applicant had no criminal record and no compensation was paid to the applicant by the assailant.
8. On [ ], the secretariat of the Tribunal wrote to the applicant acknowledging receipt of his application.
9. 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. It was noted that the applicant had submitted receipts amounting to €126.80. The applicant was asked whether a criminal prosecution had taken place in this case, and if so, for details of the outcome.
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. There are no responses on file to the letters of [ ] or [ ].
12. 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. I am also satisfied that the application was submitted to the Tribunal within three months of the incident which gave rise to the injuries occurring.
13. 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.”
14. 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.
15. 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.
16. In this case the applicant has not provided any details of the treatment he received as a result of his incident, other than enclosing a receipt from [ ] Accident and Emergency Department. It is observed that without any further bills and reports 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.
17. The Tribunal requested the documents twice, once on [ ] and thereafter on [ ]. This correspondence was sent directly to the applicant himself. The incident occurred over [ ] years ago, and no response to these communications has been received.
18. 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 beyond the receipt submitted by the applicant is eligible for award.
19. Paragraph 9 of the Scheme (as amended) provides: “No compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than €500 should be awarded.”
20. As the vouched expenditure incurred by the applicant is less than €500, no award of compensation will be made.
Peter Stafford BL
Member, Criminal Injuries Compensation
10 October 2022