Publication
52788 (13 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: #52788
Date of incident: [ ]
Date of application: [ ] (Received by the Tribunal [ ])
Decision outcome: The application refused under para 21.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application form, the applicant stated that she had suffered injury as a result of being assaulted by a person unknown at [ ], on [ ]. In his application form, the applicant stated that, as a result of the assault, she suffered a broken nose, a cut lip, broken teeth and an injury to her head. The applicant was treated for her injuries as an in-patient at [ ] Hospital until her discharge on [ ] and was also seen by her GP.
A report from An Garda Síochána, dated [ ], was on file. The report confirmed that the applicant had been called to a report of an altercation taking place on the street. The applicant was observed by Gardaí to be bleeding heavily from her mouth and that two teeth were lying on the ground. An offender, [ ], was identified and prosecuted. He received a [ ] sentence for the assault upon the applicant. There was also a statement which the applicant made to the Gardaí dated [ ] which set out the detail of the incident.
3. The applicant’s solicitor complied a schedule of special damages which amounted to €16,628.50. This sum included, amongst other things, a loss of earnings figure and the cost of dental treatment.
4. Paragraph 21 of the Scheme states:
‘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.’
5. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
6. In this instance, the application form ought to have been lodged with the Tribunal no later than by [ ]. In the event, the application form was received by the Tribunal on [ ]. As such, it was lodged approximately eight months’ late.
7. At Section 2(f) of the application form, dealing with reasons for the late submission of the application for compensation, the applicant stated as follows: ‘I was very seriously assaulted requiring surgery and hospitalisation. It took me time to go to see a solicitor. I was also waiting for the names of the individual that assaulted me from the Gardaí. I am still waiting for that information.’
8. Having carefully considered the matter, the Tribunal could identify no circumstances justifying exceptional treatment which would permit the exercise of its discretion in favour of admitting the application under the Scheme. The Tribunal came to this conclusion for the following reasons. First, the applicant, quite properly, made a statement in the immediate aftermath of the assault to which she had been subjected. Second, the applicant had assembled a number of medical reports in support of her claim. None of the reports is there stated that the applicant, as a result of an incapacity brought on as a direct result of the incident, was unable to submit a claim for compensation to the Tribunal within the three-month time period stipulated by the Scheme.
9. The Tribunal therefore refused to admit the application under paragraph 21 of the Scheme.
10. NA.
11. NA.
Application of paragraph 13 or 14 of the Scheme
16. NA.
17. Nil.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
13 February 2023