Publication
24087 (10 December 2021)
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: 24087
Date of incident: [ ]
Date received: [ ]
Decision: No award
The applicant in his application form describes an incident whereby he was attacked in a [ ]. The applicant stated in his form that his face was cut in [ ] places and he required stitches and the nerves on the right side of his face were damaged. The applicant stated that he moved to [ ] in [ ]. The matter was reported to the gardai and it appears that criminal proceedings were instituted. There is a history between the applicant and his assailant and the applicant had previously been convicted of [ ] against the perpetrator of the assault against him on [ ].
The application in this matter was received by the tribunal on [ ], almost six months after the incident occurred. The explanation offered by the solicitor for the applicant was that the applicant had recently moved to the [ ] and was unable to complete the form until recently. The applicant in his application form stated that he moved to [ ] in [ ].
Paragraph 21 of the Scheme provides 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 tribunal has had no contact from the applicant or his solicitor since [ ]. The tribunal wrote to the applicant's solicitor on [ ], [ ] and [ ] (email), there has been no response to any of this correspondence.
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."
The tribunal is satisfied that this application is out of time. The tribunal is not satisfied that the explanation that the applicant moved to [ ] justifies exceptional treatment such as to extend the time limit. Further there has been a failure to engage with the tribunal and to provide all reasonable assistance. The tribunal makes no award.
Signed: Elizabeth Davey, Criminal Injuries Compensation Tribunal
Date: 10 December 2021