Publication
52892 (10 February 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: 52892
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. Ms. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the Scheme, received by the Tribunal on the [ ], the Applicant states that she had suffered injuries by virtue of a criminal incident which occurred at the [ ] on the [ ].
3. The circumstances of the incident are outlined on the Applicant Form submitted.
4. The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme the Tribunal “may pay ex gratia compensation in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime or the saving of human life”.
5. An application to the Scheme must be made no later than 3 months from the date of the incident given rise to the injury. In this case the application has been submitted marginally outside this three month period. What however is more particular to the outcome of this claim is the correspondence issued from the Tribunal both on [ ], and later on the [ ] requiring the Applicant respond to the Tribunal in order to prosecute and progress the application submitted. In the absence of any response from the Applicant it is not possible for this Tribunal (a) to identify any special circumstances which may allow the Tribunal extend time for the making of this application and (b) the absence of any response from the Applicant result in the Tribunal being unable in any event, should the Applicant be successful in overcoming the issue regarding the late application, to quantify any claim which the Applicant might have thereafter.
6. Therefore, I must find in the absence of a response to the Tribunal’s correspondence dated the [ ], and further correspondence dated the [ ], this application must fail pursuant to paragraph 11 of the Scheme. For the purpose of completeness paragraph 11 states as follows “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”.
7. Despite clear communications from the Tribunal with the Applicant the required information to assess this application has not been forthcoming. The Applicant has not established her claim and no award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
10 February 2023