Publication
53983 (3 September 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 53983
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant’s home was attacked by [ ], [ ] and [ ] (‘the offenders’). It is unclear from the application form if the applicant and her children were physically attacked. The applicant lived in fear of the offenders and had to leave her home and relocated to [ ].
3. The applicant has not provided the Tribunal with any medical report. She stated in her application form that she suffered from PTSD.
4. The incident was reported to the Gardai in [ ] Garda Station.
5. Unfortunately, the applicant has not put forward any vouched out-of-pocket expenses. The applicant claims that she had to leave her job. She was unable to pay for counselling. She also alleges that she invested significant funds in her previous home, which she had to leave. She required a CCTV system and other items for her new home.
6. It is also noted that this application was submitted to the Tribunal almost seven months after the date of the incident. Paragraph 21 of the (pre-April 2021) 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”. The applicant stated that she suffered from PTSD and was struggling as she had to relocate her young children [ ]. These reasons satisfactorily explain why the delay occurred.
7. Paragraph 30 of the (pre-April 2021) Scheme states “the standard of proof which the Tribunal will apply to a determination of any claim will be the balance of probabilities”. This standard applies to all elements of a claim including to the vouching of any out-of-pocket expenses incurred as a result of the incident.
8. Paragraph 11 of the (pre-April 2021) Scheme states 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 that it may require, and otherwise”. No contact has been received by the Tribunal for or on behalf of the applicant for over six and a half years. The Tribunal wrote to the applicant on the [ ] enquiring whether the applicant wished to advance her application. The applicant was advised that the file would be sent to a member for consideration by a member of the Tribunal if no response was forthcoming. No response was received by the Tribunal from the applicant to this correspondence.
9. Unfortunately, the applicant has failed to put forward any receipts to prove the nature and extent of her out of pocket expenses. There has been no contact from the applicant in over six years. The applicant has failed to assist the Tribunal to finalise her claim. Regrettably, in such circumstances, paragraphs 11 of the Scheme will apply. For these reasons, the Tribunal must dismiss this application.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
3 September 2023