Publication
52366 (1 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: 52366
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, received by the Tribunal on the [ ], the Applicant states that he suffered injuries as a result of criminal incident which occurred on the [ ], at [ ].
3. The circumstances of the incident are outlined by the Applicant in her application form.
4. The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme the Tribunal “may pay ex gratia compensation in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime, or the saving of human life”.
5. Applications must be made to the Scheme no later than three months from the date of incident given rise to the injuries complained of. In the instant case the application was submitted marginally outside this three month period.
6. The Tribunal wrote to the Applicant’s solicitors on record on the [ ], seeking further information in order to adequately assess the Applicant’s claim The Applicant’s legal representatives responded by way of e-mail dated the [ ], seeking a copy of the Applicant’s file. The Tribunal provided a copy of the said file to the Applicant and once more requested the information. Despite this correspondence no response was received by the Tribunal and the information requested has not been provided.
7. Paragraph 11 of the Scheme states as follows “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”.
8. Despite clear communication with the Applicant by the Tribunal and a request for the required information to assess this application no such information has been furnished to the Tribunal.
9. As the Applicant has not established his claim nor co-operated with the Tribunal in this regard no award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
1 February 2023