We have provided advice to all ranks of An Garda Siochána for over 30 years.
At Cantillons Solicitors, we have a Team dedicated to advising members of An Garda Síochána (“Members”).
We provide advice to Members in all areas, including:
- Garda Síochána Compensation Act Claims.
- Work-Related Injury Claims.
- Disciplinary matters.
- GSOC Investigation.
Cantillons Solicitors are on the Panel of Solicitors recommended by the Garda Representative Association (the GRA).
Garda Compensation Scheme Claims – the Garda Siochana (Compensation) Act 2022
If you are a member of An Garda Síochána and have sustained an injury during the course of your duties, you may be entitled to claim compensation through the Garda Compensation Scheme.
The Scheme provides a mechanism by which Members can claim compensation where the injury (or death) arises from a malicious incident.
A malicious incident is defined as an incident as a result of which personal injuries (which may include injuries causing death) were maliciously inflicted on a Member:
- in the performance of his/her duties as a Member while actually on duty;
- Whilst exercising powers or otherwise acting in his/her general duty as a Member when off duty, or on leave, or otherwise not actually on duty, or;
- Whilst on duty or off duty or leave at any other time because of anything previously done by him/her as a Member, or merely because of him/her being a Member.
Examples of malicious incidents include, but are not limited to:
- An assault while carrying out an arrest.
- The ramming of a Patrol Car.
- The slamming of a cell door on a Member’s hand.
Where malice does not arise, the Member cannot successfully make a claim under the Garda Compensation Scheme. However, the Member may still be able to seek compensation through a different process – by establishing negligence and/or a breach of duty. For example, if a Member falls on a wet floor while in the Garda Station – for more information, please see our page on Accidents at Work Claims. Further, if a Member suffers an injury while in a car accident, while on duty, it may be possible to bring a compensation claim – please see our page on Car Accident Claims.
Who can make a Garda Compensation Claim
A Garda Compensation Claim can be made by:
- A Member of An Garda Síochána;
- A former Member An Garda Síochána;
- Where a death of Member An Garda Síochána is involved, the deceased Member’s Next of Kin.
The Garda Compensation Scheme Claims Application Process
The Garda Compensation Scheme provides that where a Member suffered an injury (or death) as a result of a malicious incident, they (or their next of kin) can submit an Application for an Initial Assessment (referred to as Form 2).
While it is open to a Member to complete and lodge this Form, we would advise that the Member contact a Solicitor with experience in Garda Compensation Scheme Claims to assist them with the process.
Cantillons Solicitors have been assisting Members make Garda Compensation Scheme Claims for over 40 years, and have a dedicated Garda Team. The Team at Cantillons Solicitors will help the Member gather the necessary evidence and documentation that is required, including medical reports, and draft and lodge the Application Form.
Time Limits for Making an Application
The Garda Compensation Scheme provides that an Application shall be made not later than 6 months after;
- The date of the injury or death or;
- The date of knowledge of the injuries.
The Scheme provides that, where a Member fails to make an Application within the 6 months, the Commissioner may decide to extend the period on request.
If a Member has been injured, and wishes to make a claim for compensation under the Garda Compensation Scheme they should contact the Team at Cantillons Solicitors as soon as possible and get the claim process underway.
Steps after the Application is Submitted
Once the Application Form is submitted, the Commissioner will appoint a Reporting Officer to deal with the Initial Assessment.
The Reporting Officer must investigate the Application and, not later than 4 months from the date of his appointment, produce a Report (Initial Assessment Report) which determines whether the incident the subject matter of the Application has occurred, and was it a malicious incident.
Where the Initial Assessment Report concludes that the Incident occurred, and was malicious, the Commissioner shall, within 30 days:
- Send a Notice of Determination and a copy of the Initial Assessment Report to the Member.
- Cause an Application to the Injuries Resolution Board (formally the Injuries Board and Personal Injuries Assessment Board) to be made on the Member’s behalf.
If the Initial Assessment Report concludes that there was no malice, the Report must be furnished to the Member with information in respect of the Member’s right to seek a review of the determination. The review must be completed within 30 days of the issue of the Report.
Given that the Application Form is the basis of the investigation (and the determination) as to whether the incident at the centre of the matter was malicious, (and thus a claim which falls within the Scheme) it is vitally important that the Application Form is correct and contains all the pertinent and relevant information.
The Injuries Resolution Board / Personal Injuries Assessment Board
If the matter proceeds to The Injuries Resolution Board, the Commissioner shall be liable to pay any charges imposed by the Injuries Resolution Board.
The Application will then be assessed by the Injuries Resolution Board. To assess a claim, the Injuries Resolution Board will consider the Member’s medical reports, and they may also send the Member to their own Doctors/Experts for their views on the extent of the injuries.
The Injuries Resolution Board will ultimately make an Assessment (Award of General Damages and Special Damages (out of pocket expenses)). Once the Assessment is made, the Member and the Commissioner will have time to consider the award and decide whether to accept or reject the Assessment.
Post Personal Injuries/Authorisation
If the Member and Commissioner accept the Assessment of the Injuries Resolution Board, then the matter is at an end and the Injuries Resolution Board will issue an Order for Payment.
If the Member (or Commissioner) rejects the Assessment, then the Injuries Resolution Board will issue an Authorisation, which is a document permitting the issuing of Court Proceedings. Proceedings against the Commissioner shall be brought not later than 6 months after the date of the issue of the Authorisation.
Contact Cantillons Solicitors, Garda Compensation Scheme Solicitors
At Cantillons Solicitors, we have provided advice to all ranks of An Garda Siochána for over 40 years. If you are looking for advice on the Garda Compensation Scheme, please contact Cantillons Solicitors using the contact form below. Alternatively, call us at Cork +353 (0)21 4275673 or Dublin +353 (0)1 264 1802 or email us at info@cantillons.com for more information. Our offices are located at 39 South Mall, Cork and 31-36 Ormond Quay Upper, Dublin. We do, however, represent clients from all over Ireland. Should you be unable to attend our offices, we are more than happy to travel to you, or conduct the meeting on Zoom.
* Please note that in contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Personal Injury Solicitors portray themselves as ‘no win no fee Solicitors Cork’ or ‘no win no fee Solicitors Dublin’. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent with our claim case fees.
