Publication
50678 (10 March 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: 50678
Date of incident: [ ]
Date of application: [ ]
Decision outcome: This application is refused under Paragraphs 23 of the Scheme.
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 who was attending a concert at the [ ], allegedly was headbutted in the mouth while on his way to the toilet by an unknown male. The applicant alleges that the blow caused him to lose a front tooth.
3. The applicant was treated by his dentist, Dr [ ]. He required a dental implant and other ancillary dental treatment.
4. The applicant did not report the matter to the Gardai because he was not in a position to identify the offender. Paragraph 23 of the (pre-April 2021) Scheme states “To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the Gardaí without delay. However, the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them”.
5. The applicant form was also delivered one month late, in contravention of Paragraph 21 of the (pre-April 2021) Scheme. Paragraph 21 mandates 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’s solicitors advised the Tribunal that the applicant was a minor at the date of the incident ([ ] years old and not [ ] until [ ]) and for this reason, the Tribunal can accept that this application justifies exceptional treatment and will admit this matter to the Scheme for consideration.
6. The Tribunal believes that it has been provided with an accurate and truthful account of the events that transpired on the night of the incident. Unfortunately, the applicant has failed to report or make reasonable efforts to report the matter to the Gardai. For this reason, and in such circumstances, the Tribunal has no discretion to dispense with the requirements as stipulated by paragraph 23 of the Scheme and regretfully must dismiss this application.
David Culleton
Criminal Injuries Compensation Tribunal
10 March 2023