Foilsiú
23550 (4 October 2023)
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: 23550
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant alleges that he was assaulted by [ ] (‘the offender’). He was hit on the head with [ ] by the offender and sustained serious head injuries.
3. The incident was reported to the Gardai in [ ]. The offender was charged and with assault and it is understood that he was subsequently prosecuted.
4. Unfortunately, the applicant has not provided the Tribunal with any medical reports to outline the full nature, extent and likely duration of his injuries.
5. The applicant stated that he was relayed by ambulance to [ ] Hospital. He required a number of operations to remove blot clots from his brain. He spent over two weeks in hospital. He also required extensive out-patient treatment.
6. The applicant also alleges that he developed schizophrenia and other psychological issues.
7. The applicant was [ ] years old at the date of the assault. The applicant’s solicitor advised the Tribunal that it appeared that the applicant would be unable to work for the foreseeable future.
8. The applicant has not provided the Tribunal with any expert reports outlining and vouching the nature and extent of any past losses incurred by the applicant or any likely future losses that he might have to incur.
9. It is a matter for each and every applicant to prove their claim, on the balance of probabilities, before the Tribunal is in a position to award compensation.
10. The applicant has failed to provide the Tribunal with any medical reports to vouch the injuries sustained. A successfully application to the Tribunal is generally predicated on an applicant procuring the necessary medical evidence to prove the injuries sustained and to explain how and why these injuries have caused them to incur any past and future losses.
11. The applicant has failed to vouch that he sustained any losses either past or into the future. He has also failed to provide the Tribunal with any out-of-pocket expenses whatsoever. A successfully application to the Tribunal is predicated on an applicant procuring the necessary expert reports to vouch and explain any losses claimed, including past losses and any losses that he might incur into the future.
12. The application was received by the Tribunal over three months after the date of the incident. Paragraph 21 of the (pre-April 2021) 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”. The applicant has not provided any explanation as to why the application was not submitted within the appropriate timeframe. In circumstances where the applicant was a minor at the date of the assault and where he alleges that he sustained a significant head injury which required surgery and which might have had a significant impact on his cognitive abilities, the applicant could have satisfied the threshold criteria to justify exceptional treatment if he had provided medical evidence vouching the nature and extent of his injuries and how they impeded him from making the application within the appropriate time frame.
13. Paragraph 11 of the (pre-April 2021) Scheme states that “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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with medical reports, vouchers and documentary proof of any losses together with all reasonable assistance required to enable the Tribunal to progress and conclude the claim.
14. There has been no correspondence received by the Tribunal from or on behalf of the applicant since the [ ], over twenty-one years ago.
15. The Tribunal wrote to the applicant’s solicitor on the [ ] and enquired if the applicant intended to pursue his application. The Tribunal advised the applicant that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received to this correspondence.
16. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering under the terms and conditions of the Scheme. The Tribunal can only make awards in respect of vouched out-of-pocket expenses presented. The applicant has failed to prove that he sustained any losses either past or into the future.
17. Further, there has been no contact from or on behalf of the applicant for over twenty-one years. Regrettably, The Tribunal has no option but to find that the applicant has failed to provide all reasonable assistance with a view towards progressing and finalising his claim. In such circumstances, paragraphs 11 of the Scheme will apply. For the forgoing reasons, the Tribunal declines to make an award in this matter.
18. In circumstances where the applicant has not vouched his losses and contravened paragraph 11 of the Scheme, it is not necessary for the Tribunal to make any further determinations on any other provisions of the Scheme that might apply to this application.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
4 October 2023