Foilsiú
51323 (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.
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 injury: [ ]
Date of application: [ ]
Case reference: 51323
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 by her legal representative under cover of letter of [ ]. The application form was stamped as received by the Tribunal on [ ].
3. In a statement given to An Garda Siochana on [ ], which the applicant submitted with her application, the applicant stated that, on [ ] after returning home from a night out with friends, the applicant was confronted by her ex-boyfriend [ ] who was in her home. He beat her, verbally abused her and attempted to rape her. The following day, the applicant informed her employers what had happened, and they provided assistance and support to her. She attended her GP and was sent for an x-ray of her hand which was bruised.
4. The applicant’s legal representative stated that, prior to the incident, the applicant was in employment, earning €1,600 per month, but was unable to work following the incident, and was let go by from her employment by her employer in [ ]. The applicant subsequently set up work as a [ ] on reduced income.
5. The Tribunal has had the benefit of a Garda Report dated [ ] which summarises the statement given by the applicant and states that the applicant attended her GP who referred her to A&E with a suspected jaw fracture. The Garda Report states that the applicant’s assailant was arrested and questioned, and at the time of the report the assailant had been charged with Section 3 assault, although no court hearing date had been set.
6. No compensation was paid to the applicant, and the offender has no previous convictions in Ireland.
7. [ ], 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 receipts to vouch her claim for compensation for out-of-pocket expenses, including evidence of her 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.
8. No response to this letter is on file.
9. 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.
10. Paragraph 21 of the scheme which was in place at the time of the application states:
"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. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".
11. In her application, the applicant stated that she was injured on [ ], requiring her to make an application to the Tribunal before [ ]. However, the applicant did not make her application until [ ], four months past the required deadline.
12. Question 2(f) of the application form states: “If it is over three months from the date of incident to date of submission of application, please give reasons for delay as requires [sic] under Article 21 of the Scheme.” The applicant’s legal representative stated that they had requested an application form from the Tribunal following notification of the injury by the applicant and had awaited the Garda Report before submitting the application to the Tribunal.
13. I therefore accepted that the circumstances of this case, and the central importance of the Garda Report to this application warrant the granting of exceptional treatment in this case, and that the applicant’s claim should be admitted despite being outside of the required three-month time limit.
14. 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.”
15. 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 encourage applicants to give the Tribunal reasonable assistance.
16. 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.
17. The applicant’s legal representative submitted her claim to the Tribunal in [ ]. To date, the applicant’s legal representative has not provided the Tribunal with any receipts or any other documentation to vouch the applicant’s claim for compensation for out-of-pocket expenses which arose as a result of her injuries.
18. Without evidence of expenses actually incurred by the applicant as a result of her injury, there is no information upon which the Tribunal can base an assessment of compensation.
19. While the applicant stated that she was absent from work for a period of time following the assault, the applicant has not provided any details lost income or of any employment-related benefits she received upon which an assessment of compensation for loss of earnings can be made.
20. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process and the length of time which has elapsed since the application was made to the Tribunal, there is no information before the Tribunal to determine what loss of earnings were incurred by the applicant, and therefore the level of compensation which should be paid to the applicant.
21. Therefore applying Paragraph 11 of the Scheme, the application must be refused.
Peter Stafford
Member: Criminal Injuries Compensation Tribunal
26 August 2022