Foilsiú
52384 (24 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: 52384
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused as being made out of time under paragraph 20 (formerly para 21) of the Scheme.
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, signed on [ ], recorded as having been received by the Tribunal on [ ], the applicant stated that he had suffered injuries after being assaulted at [ ] on [ ]. He states that he sustained injuries to his face and hand and that his vehicle was damaged. The file, which includes statements made to the Gardai, indicates that the applicant was attacked with [ ]. As a consequence of the incident the applicant states that he was off work between [ ] to [ ].
3. Para 20 of the Scheme (formerly Para 21) states (with emphasis added):
“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”.
4. In this case the incident giving rise to the application occurred on [ ]. The application in normal course should have been made on or before [ ]. This application was submitted on [ ], ten months after the expiry of the three-month timeframe.
5. In order to assess whether this late application is admissible the Tribunal must determine whether there are circumstances, which on its consideration, justify exceptional treatment.
6. The reason proffered by the applicant in respect of this was that he had not had the name or details of the assailant and found it difficult to obtain this information when he had made enquiries with the gardai. A cover letter from the applicant’s solicitors which is dated [ ] accompanied the application form. This also noted that despite the solicitor’s requests the gardai had not given information in respect of the assailant until after the District Court conviction on [ ]. It relied on those as circumstances by which the late application should be accepted. Also relevant is correspondence from the Gardai to the applicant’s solicitor in respect of the conviction of the applicant’s assailant. This letter is dated [ ].
7. Neither the applicant nor his solicitor explain why it was necessary, in their view, to know the name of the applicant’s assailant prior to submitting the application. The Tribunal is of the view that this information was not prerequisite to submitting the form within the relevant time. The form itself asks that the applicant state the name of the offender only ‘if known’.
8. Indeed the guidance notes accompanying this application form asks applicants to ‘do your best’ to complete the form, and also note that if there is any difficulty in filling out the form the Secretariat should be contacted. While it states that all sections of the form should be answered, it reiterates that queries on any issues arising can be addressed with the Tribunal staff. It however emphasises the need to make the application within the three-month timeframe.
9. In light of the above the Tribunal does not consider that awaiting the identity of the assailant constitute circumstances that warrant the exceptional treatment of considering the application outside the three-month timeframe. The applicant could have been validly made without this information.
10. Considering the file more generally no other circumstance justifying the late application can be found. There is a medical assessment form arising from an examination of the applicant first on [ ] and then setting out his subsequent treatment up to [ ]. This notes that the applicant has a fear of being attacked again but asserts that his mental health is ‘normal’, alongside his vision, intelligence and consciousness. The assessment reports an expectation of a full recovery. The applicant returned to work between 4 – 6 weeks after the incident. It does not appear therefore that this is a case in which the applicant’s mental state was impacted by the incident to the degree that he was unable to process the application.
12. The application is refused as being made out of time under paragraph 20 (formerly para 21) of the Scheme.
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
24 October 2022