Foilsiú
51903 (21 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 incident: [ ]
Date of application: [ ]
Case reference: 51903
Decision: Pursuant to Paragraph 11 of the Scheme in place at the time of the applicant’s application, 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 submitted to the Tribunal under cover of letter from her legal representative dated [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In her application, the applicant stated that she was injured on [ ] in [ ] by an unknown person. The applicant submitted a statement in which she states that she was sitting on a bus when she heard a loud bang. The window above her had broken and she was covered in glass. The applicant was shaken and received initial care from the bus driver. The applicant reported this to An Garda Siochana.
4. The applicant stated that, as a result of the incident she suffered headaches, neck injury and nervous tension. The applicant stated that she was not in work at the time of the incident and therefore there is no claim for loss of earnings.
5. The applicant did not submit any receipts or other vouching documentation with respect to her out-of-pocket expenses arising from this incident.
6. The Tribunal has had the benefit of a Garda Report dated [ ] which states that the applicant reported that a window had been broken on a bus on which she was travelling. The Report states that the Garda investigated the issue, including speaking to other witnesses but no suspects had been found and no proceedings issued.
7. On [ ], the applicant’s legal representative wrote to the Tribunal stating that the only expenses incurred by the applicant was €28 in relation to taxi fares. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative alerting them to Article 9 of the Scheme. On [ ], the applicant’s legal representative replied to the Tribunal and stated that the sum of €28 related to the applicant’s out of pocket expenses and that the applicant was seeking compensation for the injuries sustained by her.
8. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative informing them, as per Article 6(e) of the Scheme, the Scheme prohibits payment of compensation for pain and suffering in relation to all incidents occurring on or after 1 April 1986.
9. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative asking if the applicant wished to pursue her claim, and, if so to submit the documentation sought, including receipts to vouch her claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, her file would be sent to a Member of the Tribunal for determination.
10. No response to this letter is on file.
11. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form under cover of letter of the applicant’s legal representative, and accompanying Statement;
b. Garda Report dated [ ];
c. Correspondence between the Secretariat of the Tribunal and applicant’s legal representative regarding compensation for pain and suffering, and requiring the applicant to vouch her claim for compensation with original receipts;
d. Letter from Secretariat of the Tribunal dated [ ] to the applicant’s legal representative 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.
12. 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.”
13. 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.
14. 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.
15. In this case the applicant has not submitted any receipts for expenses arising as a result of her 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.
16. The Tribunal requested the documents twice, once at the time of her original application in [ ] 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 her application form to determine that the applicant has incurred any expenses as a result of her injury.
17. 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
21 October 2022