Publication
51274 (28 July 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 51274
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award
The Applicant states that he was the victim of a violent incident which occurred on the [ ] at [ ]. The Applicant was the victim of an assault and suffered significant facial and dental injuries.
The incident was reported to An Garda Siochana and was investigated by Garda [ ]. The perpetrator, [ ], was prosecuted and pleaded guilty to Assault Causing Harm. Mr. [ ] received a suspended sentence. A sum of €500 compensation was offered I court, how the court directed that this be paid to the [ ] Trust. The Applicant has not therefore received payment of any compensation at any time.
The Applicant suffered a significant punch to the face with resulting injury to his mouth and damage to a number of teeth. He attended at the [ ] Hospital and at the [ ] Dental Clinic and subsequently received dental treatment in the [ ] where he lives.
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the General Scheme states that “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 this case, the application was received on the [ ] and is outside the permitted time.
Paragraph 11 of the General Scheme (pre-April 2021) provides that “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 it may require, and otherwise”.
The Tribunal wrote to the Applicant’s Solicitors on the [ ] seeking clarity on certain aspects of the claim. The Tribunal noted that the cost of the Applicant’s dental treatment in the [ ] appeared to be covered under an insurance plan, [ ]. The Tribunal also sought evidence regarding a claim for loss of earnings being made. By letter dated [ ], the Applicant’s Solicitors stated that they were obtaining costs of the treatment and reports and would furnish same. By letter dated [ ], the Tribunal again requested further particulars of the costs of the Applicant’s dental treatment. The Applicant has not to date submitted the requested information.
The Tribunal more recently wrote to the Applicant’s Solicitors on the [ ] seeking confirmation whether the Applicant intended to pursue his application. The Tribunal again sought the documentation required, to include original receipts and vouching documentation. The Tribunal noted that if no reply was received by the [ ], the application would be forwarded to a member for decision. The Applicant’s Solicitors responded by letter dated [ ] stating that they no longer acted for the Applicant. By letter of [ ], the Tribunal wrote directly to the Applicant enquiring as to whether he intended proceeding with his application. The Tribunal noted that if no reply was received by the [ ], the application would be forwarded to a member for decision. No response has been received.
The Application was received in excess of 12 months after the incident the subject of the application. The application is substantially late and outside the time period permitted by Paragraph 21 of the Scheme.
The Tribunal finds that the Applicant has not given the Tribunal all reasonable assistance as required by Paragraph 11 and has not properly vouched his claim.
In the circumstances, the Tribunal makes no award in this case.
Dated: 28 July 2022
Signed: Cathal Lombard, Tribunal Member