Foilsiú
51912 (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: 51912
Decision: Pursuant to Paragraph 11 of the Scheme in place at the time of the applicant’s 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 her application, the applicant stated that she was injured during an attempted mugging on [ ] in [ ].
4. The applicant stated that, as a result of the injuries she received as a result of the attempted mugging, she was treated in hospital from the date of incident to [ ] and thereafter received care from her GP.
5. The applicant did not receive any personal physical injuries but experienced stress, fear and depression following the attack. The applicant stated in her application form that she was out of work as a [ ] for one week post incident.
6. The applicant claims compensation for hospital fees, medicine and replacement spectacles for those which were broken during the attack. The applicant also claims compensation for the loss of her job and her stolen wedding ring.
7. In support of her application, the applicant submitted three invoices for doctor consultations and a remittance advice slip from [ ] Hospital.
8. The Tribunal has had the benefit of a Garda Report dated [ ] which states that the applicant was walking past [ ] on [ ] when a [ ] knocked her from behind causing her to fall to the ground. The occupiers of the vehicle attempted to take the applicant’s handbag, and the applicant was hit on a number of occasions. The offenders were unsuccessful in their attempt to grab the applicant’s possessions and ran back to the [ ] which was driven off. No CCTV was available, and no proceedings have been brought.
9. The Garda Report stated that the applicant suffered minor personal injuries in the form of cuts and scrapes to the face and arm.
10. 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. The applicant was informed that since 1 April 1986, no award of compensation may be paid in relation to pain and suffering, and that compensation will only be paid on receipt of original vouching documentation. The applicant was also invited to submit a copy of her P60 to support her claim for loss of earnings arising as a result of her injuries.
11. On [ ], the secretariat of the Tribunal wrote to the applicant 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, her file would be sent to a Member of the Tribunal for determination.
12. No response to this letter is on file.
13. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form;
b. Receipts for doctor consultation dated [ ], [ ] and [ ];
c. Garda Report 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 enclosing Garda Report dated [ ].
f. Letter from Secretariat of the Tribunal dated [ ] to the applicant 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.
14. 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.
15. 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.”
16. 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.
17. 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.
18. In this case in [ ], the applicant was informed that the Tribunal does not provide compensation for pain and suffering, and was requested to submit a medical report stating the nature of her injuries, the treatment received and her prognosis. It is observed that without these reports 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.
19. The Tribunal requested the documents twice, once in [ ] and thereafter on 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 her application form.
20. 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