Foilsiú
51293 (26 July 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ] to [ ]
Date of application: [ ]
Case reference: 51293
Decision: Pursuant to Paragraphs 11 and 15 of the Scheme, the application is refused.
1. Ms [ ], on behalf of her son, [ ] (‘the applicant’), has made a claim to the Criminal Injuries Compensation Tribunal (‘the Tribunal’) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. By way of application form, signed by Ms [ ] on [ ], Ms [ ] claims compensation on behalf of her son, [ ] arising from sexual abuse which was committed by [ ] on various dates between [ ] and [ ].
3. In the application form, Ms [ ] stated that her son was abused by [ ]. As a result of this abuse, [ ] underwent a course of psychological and psychiatric treatment, and suffered from PTSD, depression, paranoia, sleep deprivation and aggressive behaviour. At the time of the application, [ ] was [ ] years old.
4. Ms [ ] stated that she incurred expenses for attending medical appointments, cost of repairing damaged property and clothes, and the purchase of stress balls.
5. The Tribunal has had the benefit of a Garda Report prepared by Garda [ ] of [ ] Garda Station dated [ ] which states that Ms [ ] attended the Garda Station on [ ] to allege that [ ] had been sexually abused by [ ]. [ ] admitted under caution that he had sexually abused [ ] on five occasions. [ ] was convicted at [ ] Circuit Court for sexual assault and use of a child for sexual exploitation and was sentenced to [ ] years imprisonment for each, to run concurrently from [ ]. No compensation was paid either to [ ] or to Ms [ ].
6. Garda [ ] further reports that, as a result of the sexual abuse he experienced, [ ] suffered both psychologically and emotionally, and experienced behavioural problems such that he was referred to a child psychologist, and has remained under the care of Dr [ ] of [ ] since [ ].
7. On [ ], the secretariat of the Tribunal wrote to Ms [ ] informing her that the Scheme of compensation was amended in 1986 to prohibit the payment of compensation for pain and suffering in relation to all incidents which occurred after [ ].
8. Ms [ ] was informed that, as [ ] was a victim of a crime of violence in [ ], the only compensation for which he may be eligible, is for reimbursement of vouched expenses such as medical and counselling expenses, loss of earnings and travel expenses.
9. Ms [ ] was asked to submit any original receipts/vouchers in relation to all out-of-pocket expenses claimed by her in respect of [ ].
10. On [ ], the Secretariat of the Tribunal wrote again to [ ] noting that no response had been received to the letter of [ ] and asking her if she still wished to pursue her claim for compensation. Ms [ ] was again asked to forward the documentation required, including original receipts and vouching documentation in relation to her out of pocket expenses arising from [ ] personal injuries.
11. She was informed that, if the Tribunal did not hear from her by [ ], the file would be sent to a Member of the Tribunal for determination.
12. No response was received to the letters of [ ] or [ ].
13. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form, signed by Ms [ ] on [ ];
b. Garda Report dated [ ];
c. Correspondence from the secretariat of the Tribunal to Ms [ ] dated [ ], [ ], [ ], [ ].
14. Arising from the foregoing a number of issues arise which will be dealt with in turn.
15. Paragraph 21 of the scheme which was in place at the time of the application states: "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. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)".
16. In the application form, Ms [ ] stated that [ ] was sexually assaulted on a number of occasions between [ ] and [ ]. However, while the application form was signed by Ms [ ] on [ ], around two years after the injuries occurred, significantly outside the required time for submission of the application.
17. Question 2(f) of the application form states: “If it is over three months from the date of incident to date of submission of application, please give reasons for delay as requires [sic] under Article 21 of the Scheme.” Ms [ ] wrote “The incident was reported to Gardai as soon as I became aware. The offender was charged but not convicted until [ ] at [ ] Circuit Court, Co [ ].”
18. I am satisfied that Ms [ ] reported the matter to Gardai as soon as she became aware of it, and I am satisfied that the application was made to the Tribunal immediately on the conviction of the offender. On that basis, I am satisfied that there are circumstances in this case which justify exceptional treatment and the application will be considered, notwithstanding the delay in making the application.
19. As Ms [ ] was informed by the Tribunal secretariat, since 1986, the Scheme no longer extends to award payment for pain and suffering (so-called “general damages”) but is limited to compensation for expenses which were incurred as a direct result of the injuries arising from a crime of violence.
20. It is a requirement of the Scheme that all original receipts and other vouched expenses for medical treatment, loss of earnings, travel and other costs are submitted to the Tribunal for reimbursement. No such vouched expenses or receipts were received from Ms [ ] for expenses incurred by her or by [ ] as a result of the injuries he sustained.
21. Paragraph 11 of the Scheme in place at the time of the applicant’s application reads:
“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.”
22. Further, it is noted that Paragraph 15 of the scheme which was in place at the time of the events which gave rise to this application:
“Compensation will be reduced by the value of the entitlement of the victim or claimant to social welfare benefits payable as a result of the injury and will be reduced, to the extent determined by the Tribunal, in respect of the entitlement of the victim to receive, under his conditions of employment, wages or salary while on sick leave.”
23. It is observed that without evidence of the expenses incurred, particulars of miscellaneous expenses or any documentation relating to costs of medical treatment or consultations, there is no information upon which the Tribunal can base an assessment of compensation, having regard to the value of any social welfare benefits received by the applicant or [ ].
24. The applicant claims compensation for travel expenses and medical expenses. However, the applicant did not provide any original receipts for these expenses.
25. The documents in question are integral to the formation of any determination.
26. On [ ], [ ], [ ] and [ ], the secretariat of the Tribunal wrote to Ms [ ] asking her to submit any vouching documentation to support the application for compensation.
27. There was no response to these letters.
28. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, and the elapse of time with no communication from the Applicant (despite request), applying Paragraphs 11 and 15 of the Scheme, the application must be refused.
29. This decision in no way seeks to doubt the seriousness of the injuries which were sustained by [ ] during a horrific crime of violence which has clearly had a profound effect on his emotional and psychological well-being. The Tribunal is bound to work within the confines of the Scheme in place at the time the application was made to the Tribunal, and unfortunately cannot go beyond the scope of the Scheme.
30. The application is refused.
Peter Stafford BL
26 July 2022