Foilsiú
51346 (18 May 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: 51346
Decision: Pursuant to Paragraphs 11 and 15, no award of compensation will be granted.
1. By way of application form, the applicant [ ], claims compensation for expenses arising from injuries which occurred on [ ] when he was assaulted by [ ] at [ ], [ ].
2. The applicant claims he received a box in the face and a kick in the side which resulted in internal bruising. The applicant did not provide any particulars of how the injuries were sustained other than they were caused by [ ].
3. The applicant attended his doctor and was prescribed pain killers for six weeks after the assault.
4. The applicant stated that he did painting and decorating on a casual basis and had only been able to do light work since the accident.
5. The applicant claims compensation for loss of earnings, taxi fares and pain killers. The applicant did not enclose any receipts for his taxi fares or pain killers, and did not provide any proof in support of his claim for loss of earnings.
6. The Tribunal has had the benefit of a Garda Report prepared by Inspector [ ] of the Superintendent’s Office, An Garda Siochana [ ] which stated that the applicant and [ ] were involved in “a dispute at the door of [ ]. It appears that [ ] came to the door to admonish [ ] for making excessive noise and a scuffle ensued with [ ] claiming he was assaulted and [ ] claiming he was defending himself after [ ] attacked him.”
7. The Garda Report states that both the applicant and [ ] were given given an Adult Caution by the [ ].
8. A copy of the Garda Report was sent to the applicant by the secretariat of the Tribunal on [ ] alerting the applicant to Article 13 of the Scheme which relates to circumstances where the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and empowering the Tribunal either to give no compensation or reduce the award where the victim has been partially responsible for the offence.
9. On [ ], the applicant replied to this letter disputing the facts of the case as provided in the Garda Report. The applicant stated that [ ] had admitted the assault and that the applicant continued to experience pains in his back and spine for which he was, at the time of writing, undergoing medical tests.
10. On [ ] the secretariat of the Tribunal wrote to the applicant requesting the applicant to complete a full Certificate of Authority. On [ ], a copy of the applicant’s application form was sent to the applicant, and he was requested to complete the Certificate of Authority in order for the application to be processed. This was done under cover of letter from the applicant dated [ ].
11. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form;
b. Garda Report dated [ ];
c. Correspondence with the applicant from the secretariat of the Tribunal;
d. Letter from the applicant dated [ ] disputing aspects of the Garda Report and providing an update of his medical situation;
e. Further correspondence regarding the submission of a signed Certificate of Authority by the applicant, and a completed Certificate dated [ ].
12. Arising from the foregoing a number of issues arise, which will be dealt with in turn.
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. It is noted that Paragraph 15 of the scheme which was in place at the time of the events which gave rise to this application:
“Compensation will be reduced by the value of the entitlement of the victim or claimant to social welfare benefits payable as a result of the injury and will be reduced, to the extent determined by the Tribunal, in respect of the entitlement of the victim to receive, under his conditions of employment, wages or salary while on sick leave.”
17. It is observed that without evidence of the expenses incurred, particulars of miscellaneous expenses or any documentation relating to employment-related income since the incident, there is no information upon which the Tribunal can base an assessment of compensation, having regard to the value of any social welfare benefits or employer benefits received by the applicant.
18. The documents in question are integral to the formation of any determination.
19. The applicant has provided no receipts or other proof of expenses incurred with his injuries and has not provided any documents to show his loss of income during the period in which he was unable to work.
20. 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.
21. The application is refused.
Peter Stafford BL
18 May 2022