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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The question is this: in the event of fully corroborated evidence

Resolved Question:

The question is this: in the event of fully corroborated evidence of misconduct in public office by council officials, what is the procedure for placing that evidence before the police? the CPS?

the issue in this case being a public right of way shown in the Council's Definitive Map following a public inquiry when the inspector was required but was unable to say where the right existed and the Council contend now that she was not required to do so although supplied repeatedly with documentary proof of the relevant law confirming the complete opposite: the Council's actions in this case amounting to a theft of land defrauding those affected of their private property rights.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If there is criminal wrongdoing then you need to report it to the Police.

Alex Watts :

Once you do that the investigation becomes that of the Police, not yours.

Alex Watts :

The Police can then gather any evidence they require and forward it to the CPS

Alex Watts :

The CPS then take a view to see:

Alex Watts :

1) Whether there is a realistic prospect of conviction, and

Alex Watts :

2) It is in the public interest

Alex Watts :

You can not insist the matter is prosecuted, it is a matter for the Police/CPS

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

With regard to the gathering of evidence by the police:In this case

Alex Watts :

Yes?

Alex Watts :

Can I clarify anything for you?

Customer:

the evidence is held in my File and record of events; I have already set this out in a fully corroborated account; the Council are unlikely to provide the same; asking the police to investigate on what is a not-very-well-understood bit of legislation would result in them being fobbed off with right-sounding but incorrect law.yATEDAtaed account along with the relevant LAW;

Alex Watts :

But you can't make the Police prosecute, its a matter for them.

Alex Watts :

You can give your evidence and the Police/CPS will decide

Alex Watts :

Or you can go to the Ombudsman and see you can get a finding of misconduct

Alex Watts :

Their website is: www.lgo.org.uk

Customer:

The Ombudsman only considers whether there has been administrative failure and can't consider whether the council have been correct in Law in showing a path in the Map.

Alex Watts :

Ok - then all you can do is put your information before the Police

Alex Watts :

You can give your evidence to the Police

Alex Watts :

But you can not make them prosecute

Customer:

It seems to be your advice which i accept that the answer is to put it all together and take it to the police after which it's up to them.

Alex Watts :

Yes indeed

Alex Watts :

But its a matter for them what they do with it and whether or not they prosecute

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

OK one further while I have you.

Alex Watts :

Of course.

Customer:

The CC have been repeatedly requested by me and other concerned parties to provide the legal proof of the path in question as determined by the Secretary of state at the 2007 public inquiry - without that proof [ the precise location, line and width required at S56 of the 1981 Act] being provided.

Alex Watts :

Yes

Customer:

I closed my boundaries in 2008. In january 2014 council employees cut through those fences at a point determined by the Council and inserted gates. Two matters arise: gates and stiles are illegal limitations ona public right of way - permitted only by way of an Application [in this case on my part] and Approval by the Council on grounds of agriculture or forestry, which in this case do not exist; I adsked [required] the removal of the gate with no response from the Council.sirr

Alex Watts :

I see.

Alex Watts :

It sounds like you may be better off with a Judicial Review if you are challenging the decision and lawfulness of it?

Customer:

Can I just rip them out? and re-instate my fences?

Alex Watts :

That may be criminal damage.

Alex Watts :

Can I clarify anything?

Customer:

What about the criminal damage to my fences? And in a location where the inspector specifically determined that she was unable to locate any public rights - she did examine that line with that conclusion.

Alex Watts :

You should report to the Police that this has happened.

Alex Watts :

Again they may or may not investigate.

Customer:

While you are offline and to conclude: the gates are illegal by virtue of S 147 o the Highways Act.the

Alex Watts :

Yes. You need to report all matters to the Police

Customer:

Thank you Alex - this could go on for ever. Best wishes.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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