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HI. Thank you for your question . My name is Jo and I will try to help with this.
How can I help with this?
Are the Police wrong ? Can we proceed with a claim via the CICA? My father was attacked in his hallway. He could not retaliate. Other tenants within the area have all raised numerous complaints about the tenant who attacked my father. The Police said this is irrelevant.
I'm afraid the police are free to refuse to investigate.
There are lots of human rights authorities that say they must consider every complaint made to them but they don't require them to launch a full scale investigation.
If he has sustained injuries then that would seem to be an assault and at least it is more serious than quite a lot of the stupid cases that they regularly do act upon so I"m not sure whey they are unwilling to act.
Nevertheless that is a discretion that the police have.
I think though that they are not saying that the offence is too trivial but just that its not capable of proof because there were no independent witnesses which is a reasonable view to take unfortunately.
You can still claim from CICA but I do have to inform you that for this type of assault its likely to be a very low award.
The complaints made by other tenants do not have relevance to this particular issue unfortunately. You need to show a direct relevance to start introducing things like that.
Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.