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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70295
Experience:  Over 5 years in practice
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My fathers neighbour kicked a box, with a flower pot upon

Customer Question

My father's neighbour kicked a box, with a flower pot upon it, outside my fathers front door. My father went outside, there was a scuffle. The neighbour pushed his wife onto my father. My father fell on to the floor in his hallway in his own home. The neighbour got on top of his wife who was on top of my father and beat my father around the head and face. My father has a black eye and severe facial injuries. The neighbour panicked and went and rang the Police. The Police attended. An officer took my father to A and E, took him in a side room and interviewed him immediately. When my father and I attended at the Police Station yesterday to press charges for assault I was told "I dont like your attitude" (I wasnt rude). We cant press charges, this is a silly neighbour dispute over a plant pot, there were no independent witnesses. Can you assist ?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Remus2004 :

HI. Thank you for your question . My name is Jo and I will try to help with this.

Remus2004 :

How can I help with this?

JACUSTOMER-9jk29n4d- :

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.

Remus2004 :

I'm afraid the police are free to refuse to investigate.

Remus2004 :

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.

Remus2004 :

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.

Remus2004 :

Nevertheless that is a discretion that the police have.

Remus2004 :

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.

Remus2004 :

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.

Remus2004 :

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.

Remus2004 :

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.

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