Foilsiú
51714 (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: 51714
Decision: Pursuant to Paragraph 11 in place at the time of the applicant’s application to the Tribunal, 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 at [ ] pub when she was hit by a [ ] which was thrown onto the dancefloor where the applicant was dancing.
4. The applicant went to the bathroom where she noticed she was bleeding. The applicant believed that she was caught up in the middle of an altercation between others in the nightclub, which had nothing to do with her.
5. The applicant was taken by car to [ ] Hospital by a bouncer of the nightclub. She had suffered a deep cut to her forehead and right cheek. The applicant found it difficult to open her eye.
6. The applicant claims compensation for future surgery by Dr [ ] of [ ] Clinic. In her application, the applicant stated that she was due to be examined by Dr [ ] on [ ] and that details of costs and expenses would follow.
7. The Tribunal has had the benefit of a Garda Report dated [ ] which confirms the details of the events provided by the applicant in her statement.
8. The applicant submitted a copy of a medical report of [ ], plastic, reconstructive and cosmetic surgery dated [ ] which provides further detail of the applicant’s injury and future prognosis.
9. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative acknowledging receipt of her application and seeking copies of her medical expenses and other vouching documentation relating to out-of-pocket expenses.
10. 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, 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 furnished to the Tribunal Member for determination:
a. Completed application form under cover of letter dated [ ] enclosing:
i. Statement of applicant given at [ ] Garda Station on [ ]
b. Garda Report dated [ ];
c. Medical Report of [ ] dated [ ];
d. Acknowledgement letter from Secretariat of the Tribunal to the applicant’s legal representative dated [ ];
e. Letter from Secretariat of the Tribunal to the applicant’s legal representative dated [ ] enclosing Garda Report and seeking further particulars of the applicant’s claim.
f. 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, the file would be sent to a Member of the Tribunal for determination.
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 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. 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.
18. In a letter to the Tribunal, the applicant’s legal representative stated that particulars of medical expenses incurred by the applicant would be submitted to the Tribunal. However, no receipts or other vouched expenses are before the Tribunal.
19. Despite the passage of time, the applicant’s legal representative did not provide any additional information relating to the applicant’s medical treatment sought by the Tribunal.
20. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, there is no information before the Tribunal to determine what loss of earnings or other expenses 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