Foilsiú
51755 (16 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.
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: 51755
Decision: The application is refused under paragraph 21 of the Scheme.
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 was stamped as received by the Tribunal on [ ].
3. In her application, the applicant stated that she was assaulted by an unknown man in [ ], and as a result suffered bruising to her eyes and cheek, and required manipulation of her nasal bone by doctors in [ ], and on her return to [ ].
4. The applicant was absent from work for one week.
5. The Tribunal has had the benefit of a Garda Report dated [ ] which states that the incident occurred at approximately [ ] on [ ], when the applicant was punched in the face by an unknown man who was trying to gain entry to the accommodation where the applicant and her friends were staying. A man was subsequently charged and, as of the date of the Garda Report, the matter was still before the courts. The Tribunal has also had a benefit of a copy of the statement given by the applicant at [ ] Garda Station on [ ].
6. The Tribunal has also had the benefit of the applicant’s medical records as they relate to the treatment she received as a result of her injuries, which confirm that the applicant suffered a fractured nose in the assault.
7. On [ ], the secretariat of the Tribunal wrote to the applicant acknowledging receipt of her application, and alerting her to Article 21 of the Scheme which requires applications to be made within 3 months of the date of the incident. The letter noted that the applicant had provided an explanation for the delay in her application form and that this explanation would be provided to the Member of the Tribunal deciding her application.
8. On [ ], the secretariat of the Tribunal wrote to the applicant asking if the applicant wished to pursue her claim, and, if so to submit documentation to support her claim for compensation, including receipts and other documentation showing her out-of-pocket expenses and any 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.
9. No response to this letter, or the letter of [ ], is on file.
10. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form marked as received on [ ];
b. Garda Report dated [ ];
c. Medical Records;
d. Acknowledgement letter from Secretariat of the Tribunal to the applicant dated [ ];
e. 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.
11. 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.
12. 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)".
13. 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 sign her application form until [ ], some nine months past the required deadline. It was received by the Tribunal on [ ].
14. 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 stated that she was not informed by Gardai about the Tribunal. She also stated “I have been away travelling [ ] to [ ] and on my return I made contact with solicitor and have just received this form for compensation. There has been a delay in receiving copy of statement from Gardai but on speaking to solicitor he advised me to send this form on and forward statement after.”
15. It is clear from the applicant’s application form that, a week after being assaulted, the applicant had returned to work. It is also clear that she had made a statement to Gardaí immediately on being assaulted.
16. There is no evidence before the Tribunal to suggest that the applicant was not able to make an application within the required time period, or to instruct a solicitor to do so on her behalf. It is not considered that ignorance of the Tribunal’s rules regarding the time period for the submission of an application to the Tribunal, or going abroad on travels, amounts to circumstances which warrant the granting of exceptional treatment.
17. There is no evidence before the Tribunal to suggest that there are any circumstances which warrant the granting of exceptional treatment in this case, and why the applicant’s claim should be admitted despite being outside of the required three-month time limit.
18. Therefore the application must be refused, pursuant to Paragraph 21 of the Scheme.
Peter Stafford
Member, Criminal Injuries Compensation Tribunal
16 September 2022