Foilsiú
51901 (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: 51901
Decision: Pursuant to Paragraph 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 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 in [ ] on [ ].
4. The applicant stated that, as a result of a crime of violence, she suffered a fractured spine, head injury, fractured ankle and other injuries to her legs. The applicant was an in-patient at [ ] Hospital, [ ] and thereafter received treatment from her GP.
5. In terms of compensation, the applicant was not in work at the time of the incident and therefore there is no claim for loss of earnings. In her application, the applicant stated that vouching documentation in relation to other expenses would be provided to the Tribunal in due course.
6. The applicant stated that, at the time of her application, a claim had been lodged with her insurers relating to the incident and criminal proceedings were anticipated.
7. The applicant did not submit any receipts or other vouching documentation with respect to her out-of-pocket expenses arising from this incident.
8. The Tribunal has had the benefit of a Garda Report dated [ ] which states that on the day in question, the applicant was in work [ ]. The applicant set up [ ] when she noticed a car nearby. A man got out of the car and pulled the applicant out of r [ ]. The man hit the applicant on a number of occasions and got into her [ ]. The applicant attempted to stop him but he drove off. The man drove over the applicant’s legs. Another man, who had accompanied the first man, stayed in the car, and it drove off after the applicant’s [ ] which was been driven by her assailant.
9. The Garda Report states that enquiries are ongoing and no proceedings have been issued.
10. On [ ], the applicant’s legal representative wrote to the Tribunal stating that it was their intention to register the applicant’s claim with the Personal Injuries Assessment Board and a copy of the applicant’s PIAB was sent to the Tribunal by PIAB under cover of letter of [ ].
11. On [ ], the applicant’s legal representative wrote to the Tribunal stating that applicant’s claim to the Tribunal includes personal loss, damage to include loss of earnings and future loss of earnings and profits. The legal representative stated that, following PIAB authorisation, High Court proceedings had been issued against the [ ], and the Tribunal was notified that the Tribunal may be joined to the High Court proceedings.
12. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative enclosing the Garda Report and seeking documentation to vouch the applicant’s claim for compensation for out-of-pocket expenses and loss of earnings. The applicant’s legal representative was alerted to the provisions of the Scheme including that the Scheme prohibits payment for pain and suffering in relation to all incidents occurring on or after 1 April 1986. The applicant’s legal representative was also informed that compensation will only be paid under the Scheme in respect of vouched out of pocket expenses. To that end, the applicant was asked to submit receipts or any vouching documentation, including her P60 and other evidence of her past earnings.
13. 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 and loss of earnings. The applicant was informed that, in absence of same, her file would be sent to a Member of the Tribunal for determination.
14. No response to this letter or the letter of [ ] is on file.
15. 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;
b. Garda Report dated [ ];
c. Acknowledgement letter from Secretariat of the Tribunal to the applicant’s legal representative dated [ ];
d. Letter from Secretariat of the Tribunal to the applicant’s legal representative enclosing Garda Report dated [ ], seeking vouched documentation and receipts to support claim for compensation;
e. Correspondence between the Secretariat of the Tribunal and applicant’s legal representative relating to PIAB authorisation and High Court proceedings;
f. PIAB authorisation and letter from PIAB dated [ ];
g. 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, her file would be sent to a Member of the Tribunal for determination.
16. 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 satisfied that the applicant submitted her application within three months of date of incident.
17. 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.”
18. 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.
19. 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.
20. 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.
21. The applicant’s legal representative informed the Tribunal that the applicant would be making an application for compensation for past and future loss of earnings, and the applicant was asked to support this claim with a copy of her P60 and other financial information when she was in a position to do so.
22. The Tribunal requested the documents twice, once on [ ] and 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 commencement of High Court proceeding against [ ]. The applicant has not informed the Tribunal of the outcome of any civil proceedings.
23. 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