Publication
51969 (2 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: 51969
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 11 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant was present at a friend’s house in [ ], at approximately 4am on the night of [ ] when the Applicant heard a knock on the window. When the Applicant opened the front door two young men who he did not know entered and began to assault the Applicant. He was knocked to the ground and kicked repeatedly. Eventually the men left the scene and Gardaí were called. There is no medical report on file but it appears that the Applicant suffered head and facial injuries and bruising to his body.
3. It appears from Garda [ ] statement, dated [ ], that criminal proceedings were instigated against one individual. No further detail has been provided to the Tribunal. As of the date of Garda [ ] statement no compensation has paid to the Applicant.
4. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitors seeking an update on whether the Applicant wished to continue with his application. By letter dated [ ] the Applicant’s solicitors replied to say that they had not received any instructions from the Applicant ‘for a number of years’. The Applicant’s solicitors did not explicitly state that they no longer acted for the Applicant, although this can be inferred by the Tribunal.
5. By letter [ ] the Tribunal wrote to the Applicant at the home address that he had previously provided asking whether he wished to proceed with his application. No response was received from the Applicant. Accordingly the file was sent to a Tribunal member for decision.
6. Paragraph 11 of the Scheme states:
‘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.’ (Emphasis added)
7. In the instant case the Applicant has not been in contact with the Tribunal for over a decade and has not provided a medical report nor particulars of his claim for out-of-pocket expenses. In the circumstances, the Tribunal has formed the view that the Applicant has not provided all reasonable assistance to the Tribunal as required by the Scheme and therefore refuses the Applicant’s application for compensation under paragraph 11.
8. N/A.
9. N/A.
10. N/A.
11. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
2 September 2023