Challenge to alleged delay in processing criminal injuries compensation

A woman who suffered head injuries in an assault 13 years ago has brought a High Court challenge over the alleged delay by the Criminal Injuries Compensation Tribunal in finalising her claim.

Delays within the tribunal system appear "endemic", there was an eight-year delay before an interim award was made to Alwyn Byrne and only "holding" responses have been received since to correspondence from herself and her solicitor, Mr Justice Seamus Noonan was told.

Ms Byrne, with an address at Belturbet, Co Cavan, is a physiotherapist but has been unable to resume that work as a result of head injuries suffered by her and is unable to make any long-term plans until her claim is finally addressed, her counsel Siobhan Phelan said.

Her client is in a “very difficult” situation and lives in “a state of fear” due to her injuries, Ms Phelan added.

An issue had been raised at one point concerning actuarial assistance but her side contended the “real problem” arose from the failure of the tribunal “to function effectively”, counsel said.

The case also raises issues concerning the scope of the criminal injuries compensation scheme which provides compensation for payment of special damages due to loss of earnings but does not provide damages for pain and suffering, she said.

However, the primary issue concerned the delay in making a final award, she said. Her side was told last year there was a delay in appointing new members to the tribunal, counsel added.

Mr Justice Noonan said he would grant leave for the judicial review proceedings, aimed at securing a final determination from the tribunal.