Foilsiú
51787 (29 September 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.
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: #51787
Date of incident: [ ]
Date of application: [ ] (Received by the Tribunal [ ])
Decision outcome: The application refused under para 21.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application form, the applicant stated that he had suffered injury as a result of being sexually assaulted in [ ] in [ ], [ ], on [ ]. The applicant stated that she had sustained mental and nervous shock as a result of the assault perpetrated upon her, together with back and facial injuries. She was detained for treatment in hospital from [ ] to [ ] and attended two subsequent appointments as an out-patient. The applicant also consulted her GP. The applicant sought reimbursement for counselling, trips to and from counselling and the replacement of her glasses.
3. A report from An Garda Síochána, dated [ ], was contained on file. The report confirmed that the incident occurred between [ ] and [ ] on [ ]. The report continued:
4. ‘[ ] entered [ ] in [ ] at approximately [ ] on [ ]. She was attacked by a lone male and subjected to a sustained physical and sexual assaults for a period of approximately [ ] minutes. During this attack she was kept against her will and sustained scratch marks and bruising as a result. The alleged offender in this instance was charged with the following offences on the direction of the DPP: [ ].’
5. The Report further confirmed that a prosecution had been initiated against the alleged offender but, by the date of the Report, the prosecution had not been concluded. There was no further update in respect of the prosecution or its outcome.
6. The applicant was written to by the Tribunal to request information in support of his claim, to include original receipts and out of pocket expenses. No response to the correspondence having been received, on [ ], the Tribunal wrote to the applicant to advise that unless the outstanding information was provided on or before [ ], the file would be sent to a Member for decision.
7. No response to the letter was received by the Tribunal from the applicant.
8. The applicant’s application for compensation was received by the Tribunal on [ ].
9. Paragraph 21 of the Scheme 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.’
10. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
11. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was received by the Tribunal on [ ]. As such, it was lodged approximately five months’ late.
12. At Section 2(f) of the application form, the applicant set out his reasons for the late submission of his claim form. At Section 2(f) of the form the applicant stated that was unaware of her entitlement to claim under the Scheme and that she had been shocked and traumatised as a result of assault and rape perpetrated upon her.
13. Having carefully considered the matter, which included the applicant’s explanation at Section 2(f) of the application form, the Tribunal could identify no circumstances justifying exceptional treatment which would permit the exercise of its discretion in favour of admitting the application under the Scheme.
14. The Tribunal therefore refused to admit the application under paragraph 21 of the Scheme.
15. For the avoidance of doubt, had the application been admitted under the exceptional treatment provision contained in paragraph 21, the application would have been refused under paragraph 11 of the Scheme on the basis that the applicant had failed to provide all reasonable assistance to the Tribunal in the furtherance of his claim.
16. Given the paucity of information available, the Tribunal has been left with no option but to refuse to admit this application for consideration under the Scheme. However, the applicant, on the face of it, has been subjected to a very serious and sustained sexual assault which must have been terrifying for her at the time and which has likely left her with significant and enduring mental trauma. In these circumstances, it is open to the applicant to appeal this decision. At any appeal, the applicant should provide medical evidence to explain why she was unable to submit a claim for compensation under the Scheme until after the three-month time limit for doing so had expired. She should also collate vouching documentation for those items set out at paragraph [2] above and any other material losses which she has suffered as a result of the egregious assault upon her.
17. NA.
18. NA.
19. NA.
20. NA.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
29 September 2022