Foilsiú
51947 (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: 51947
Decision: Pursuant to Paragraphs 11 and 21 of the Scheme in place at the time of the 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 stamped as received by the Tribunal on [ ].
3. In support of his application, the applicant submitted a copy of a Victim Impact Statement given by the applicant during the criminal proceedings arising from the subject matter of tis application. In his statement, the applicant stated that he was injured in [ ] where his car was forcibly hijacked by a group of youths. The hijackers ran over the applicant’s leg, breaking his ankle. The applicant was also physically assaulted and received blows to the face.
4. The applicant stated that he attended hospital where his leg was operated on and put into a cast for eight weeks.
5. The applicant did not submit any receipts or other vouching documentation with respect to his 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 was injured on [ ] in [ ]. The applicant’s car was hijacked when the applicant took a wrong turn when driving home from work. A group of youths attacked the applicant and his car. The applicant received injury to his leg and jaw.
7. The Garda Report states that criminal charged were brought against the applicant, and the assailant received a custodial sentence.
8. On [ ], the secretariat of the Tribunal wrote to the applicant acknowledging receipt of his application. The applicant was informed about the provisions of the Scheme regarding the time limit for the making of an application to the Tribunal.
9. On [ ] the secretariat of the Tribunal wrote to the applicant enclosing the Garda Report and seeking documentation to vouch the applicant’s claim for compensation for out-of-pocket expenses and loss of earnings.
10. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
11. No response to this letter is on file.
12. The following documents were sent to a Member for determination:
a. Application form signed by the applicant on [ ]
b. Victim impact statement;
c. Garda Report dated [ ];
d. Acknowledgement letter from the Secretariat of the Tribunal to the applicant dated [ ];
e. Letter from the Secretariat of the Tribunal to the applicant enclosing the Garda Report dated [ ];
f. Letter from Secretariat of the Tribunal dated [ ].
13. 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.
14. Paragraph 21 of the Scheme in place at the time of the applicant’s application 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”.
15. In respect of an incident which occurred on [ ], an application must be made before [ ]. An application made after that date must set out reasons for the delay, which the Tribunal can then consider in determining whether circumstances arise justifying exceptional treatment.
16. The applicant submitted his application in [ ], some three years outside of the requisite time period.
17. The applicant stated that following the incident in question, he moved to [ ] to further his career. The applicant reported that he had experienced difficulties in finding a new home and getting accustomed to walking with crutches. Following the incident, the applicant had undergone further surgery on his ankle for two years. The applicant had completed a course of physio therapy and had found it difficult to manage his injuries with demanding work commitments.
18. From the foregoing, it is clear that the applicant was able to return to work and proceed with his career and life in [ ]. It is not considered that the circumstances which gave rise to the delay in making an application within the time required under paragraph 21 of the Scheme amount to reasons for exceptional treatment. As a result, the application is not eligible for consideration.
19. 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.”
20. 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.
21. 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.
22. In this case the applicant has not submitted any receipts for expenses arising as a result of his 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.
23. The Tribunal requested the documents twice, once following receipt of his application in [ ] 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 submission of his application form.
24. 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