Publication
23963 (17 May 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application number: 23963
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award
The Applicant states that he was the victim of a violent crime which occurred on the [ ] at [ ]. The Applicant states that he was violently assaulted by a number of youths.
The incident was reported to An Garda Siochana on the date of the incident and the Applicant made a formal state of complaint on the [ ]. The matter was investigated and three individuals were prosecuted on indictment at [ ] Court. The Applicant received payment of compensation amounting in total to €4,600.
The Applicant states that he suffered a number of injuries, in particular a fracture of his nose requiring surgery, lacerations to the head, bruising around the eyes, a broken tooth and required stitches to a wound over his right eye.
The General Scheme provides that the Tribunal may pay compensation for out of pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 11 of the General Scheme (pre-April 2021) provides that “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 it may require, and otherwise”.
The Tribunal wrote to the Applicant’s mother (the Applicant then being [ ] years of age) on the [ ] requesting that the Applicant submit receipts for any out-of-pocket expenses incurred. The Tribunal requested that the applicant furnish details of any loss of earnings and receipt for any medical or other out-of-pocket expenses. By letter of [ ], the Tribunal wrote to the Applicant noting that the Applicant’s former employer had confirmed that the Applicant has left his employment of his own accord prior to the date of the incident and requested the Applicant to clarify this issue. The Tribunal has not to date received any vouched claim for out-of-pocket expenses and has not received any clarification regarding the Applicant’s claim for loss of earnings.
The Tribunal more recently wrote to the Applicant on the [ ] requesting the documentation required in furtherance of the Applicant’s claim. The Tribunal required a response by the [ ]. The Tribunal noted that if no reply was received by that date, the application would be forwarded to a member for decision.
To date, the Tribunal has not received the required documentation from the Applicant, nor has the Applicant himself communicated with the Tribunal since he reached 18 years of age. In the circumstances, the Tribunal finds that the Applicant has not given the Tribunal all reasonable assistance as required by Paragraph 11 and has not vouched any claim under the Scheme. For that reason, the Application is hereby refused under Paragraph 11 and the Tribunal makes no award.
Dated: 17 May 2022
Signed: Cathal Lombard, Tribunal Member