Foilsiú
54559 (26 August 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: #54559
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: Out of time pursuant to paragraph 20 of Scheme – No award.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that on the [ ], she alighted from her vehicle at [ ], when she saw a Garda in pursuit of a youth and, in attempting to stop the youth to assist the Garda, the Applicant suffered an injury to her right shoulder.
The incident was witnessed by the said Garda and in a Report from the Gardaí received by the Tribunal on the [ ], it was confirmed that the offender has been brought before the Children’s Court in [ ] where he was ordered to comply with the probation services for [ ] months.
The Applicant’s application was received by the Tribunal on the [ ].
In the Applicant’s case, the incident the subject matter of her application occurred on the [ ] however her application was only received by the Tribunal on the [ ] which was over three and a half years after the incident occurred.
Paragraph 20 (formerly paragraph 21) of the Scheme states that:
“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 …”
It is clear from paragraph 20 that the Tribunal is not completely bound by the prescribed three-month period for receipt of applications where it finds that circumstances for the delay in submitting an application exist in a particular case such as to justify exceptional treatment of that application and thus deem it eligible for further consideration.
The Scheme’s application form provides, at s. 2 (f), for applicants to state reasons for late submission of an application where there has been a delay in furnishing same to the Tribunal.
In the instant case, at s. 2 (f) the Applicant has stated:
“Still attending specialist with a view to undergoing further surgery”
It appears that the Applicant attended at [ ] Clinic the day after the incident, [ ], and was referred on for assessment to A & E at [ ] Hospital. Ultimately it appears that the Applicant underwent two operations on her shoulder, the first in [ ], which was some 17 months after the incident occurred, and then further surgery in [ ].
The Applicant is a self-employed [ ] and a part time retail clerk. The Applicant has stated on her application form at s.4 (j) that she was absent from work as a result of her injuries “from the [ ]”, and also has stated on her application form that she returned to full time [ ] in [ ] and to her part time retail work also in [ ], which was a year and a half prior to submitting her application to the Tribunal.
While the Tribunal accepts that the Applicant suffered a shoulder injury in the incident and over 17 months after the incident was required to undergo surgery, the Tribunal is of the view that the reason submitted by the Applicant for the delay in putting in her application does not justify exceptional treatment and therefore determines that this application is not eligible for further consideration.
This application was submitted over three and a half years after the incident the subject matter of the application occurred and the reasons for delay in submitting her application, as provided by the Applicant, are not considered by the Tribunal sufficient to justify exceptional treatment of this application and thus eligible for further consideration.
The Tribunal however acknowledges the injury sustained by the Applicant in coming to the assistance of the Gardaí and wishes the Applicant well with her recovery and into the future.
No award
Nora Pat Stewart
Dated: 26 August 2022