51544 (16 March 2023)
- Published on: 16 March 2023
- Last updated on: 18 July 2025
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: 51544
Decision: Pursuant to Paragraph 11 of the Scheme, no award of compensation will be made.
Factual and procedural background
- [ ] (“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”).
- The application form was stamped as received by the Tribunal on [ ].
- A first instance decision was made by a Member of the Tribunal in respect of the application in writing on [ ] and submitted to the applicant’s legal representative under cover of letter from the secretariat of the Tribunal dated [ ].
- By letter dated [ ], the applicant’s legal representative wrote to the Tribunal enclosing confirmation of the applicant’s acceptance of the award, and asking for the payment to be made. The award was paid by the Tribunal on [ ].
- The Tribunal had had the benefit of notification from the Department of Justice stating that the applicant received his award of compensation on [ ].
- On [ ], the secretariat of the Tribunal wrote again to the legal representative asking if the applicant was intending to pursue his claim for further compensation and, if so, to submit any documents to support his claim. The letter noted that if no reply was received to the letter of [ ] then the application would be forwarded to a member of the Tribunal for decision.
- No reply to this letter was received.
Requirement to give Tribunal all reasonable assistance
8. 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.”
9. 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.
10. 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.
11. In the facts of this case, it appears that the applicant received compensation in [ ] and intended to seek further compensation. He did not submit documents which quantify the basis for seeking any further compensation. In the absence of any such vouching documentation, it is not possible to assess the basis on which any further compensation should be awarded, or how a calculation of any such award should be made.
12. The documents in question are integral to the formation of any determination.
13. 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
16 March 2023