53385 (12 May 2022)

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: 53385

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Application refused under Paragraph 11 of the Scheme.

1. Ms. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted an application form in respect of her claim which was received by the Tribunal on [ ].

2. In her application the Applicant states that she suffered injures, namely a ‘neck wound’ at the hands of a named individual on [ ]. The Applicant states that she suffers with depression and is afraid to go out and has a ‘very bad scar’ as a result of the incident. The Applicant does note state the manner in which this injury occurred. The incident was reported to An Garda Síochána and the Applicant states in her application form that criminal proceedings were initiated in respect of the incident. The Applicant has not attached a copy of her Garda statement to her application or any further information in respect of the course and/or result of the prosecution of the named individual.

3. The Applicant has not submitted any medical report in respect of her injuries.

4. By letter dated [ ] the Tribunal wrote to the Applicant seeking additional information to progress the Applicant’s claim. The Tribunal again wrote to the Applicant on [ ] requesting that further information be provided and stating that if no response was received the application would be forwarded to a Single Member for a decision. The Tribunal received no response to either letter, nor any further information in respect of the Applicant’s claim.

5. 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.’

6. There is an onus on an applicant who makes a claim under the Scheme to cooperate with and provide reasonable assistance to the Tribunal in order to allow their claim to be considered. In the instant case, the Applicant has failed to respond to two letters from the Tribunal seeking inter alia receipts for payments that the Applicant had to make as a result of her injuries. The application is therefore refused under Paragraph 11 of the Scheme.

7. N/A

8. N/A

9. N/A

10. Nil.

Marc Murphy

Criminal Injuries Compensation Tribunal

Dated: 12 May 2022