Publication
54174 (25 August 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: 54174
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Applicant 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 submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The information provided to the Tribunal by the Applicant (through his solicitor) is extremely sparse. The Applicant states that he suffered a head injury and names an individual as the offender. The Applicant provides no details as to what he alleged actually occurred other than to say that he made a statement to Gardaí. The Applicant has not provided a copy of his statement nor is there a Garda report on file.
3. The Tribunal wrote to the Applicant on [ ] acknowledging the application and requesting further information, including original receipts in respect of out-of-pocket expenses. The Tribunal received a response from the Applicant’s solicitor stating that documentation would be provided ‘in due course’. No further documentation was provided by the Applicant.
4. The Tribunal wrote to the Applicant’s solicitor on [ ] asking whether the Applicant wished to proceed with his application for compensation. No response was received to this correspondence and the application was sent for decision.
5. Paragraph 11 of the Scheme provides:
‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
6. The application form, signed by the Applicant, confirmed his acceptance, under Part 8 (e), that he would provide all reasonable assistance to the Tribunal.
7. The Applicant has failed to respond to requests for information from the Tribunal to enable the progression of his claim for compensation.
8. The Tribunal is satisfied, on the basis of the above, that the Applicant has failed to comply with the duty imposed upon him pursuant to paragraph 11 of the Scheme and that, as a result, no compensation should be paid in respect of this application.
9. N/A.
10. N/A.
11. N/A.
12. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
25 August 2023