Hi. Thank you for your question. My name is Jo and I will try to help with this.
What would you like to know about this please?
Who is the third party?
Also, how do you know they won't prosecute?
How do you know they won't ?
Is this a very old matter?
Have they declared they won't prosecute?
No, I understand that.
But have they actually told you that they will not prosecute.
Have they investigated and made a decision not to prosecute.
Or do you just not know?
Have you been invited in for interview at all?
Have you ever been in relationship with him?
That would change the game for you.
Was that declared to them?
You are supposed to declare if your landlord has ever been your partner.
You said that you had been in a relationship with her?
Have you not done that?
No, I don't mean that.
Did you tell the a
them at the time that you made an application for council tax relief that you were in a relationship with your landlord at some point>
I suppose it is council tax relief not housing benefit?
Did you tell them when you claimed that you had once been in a relationship with the landlady?
Obviously saying that you had been prosecuted is incorrect as you have not.
Whether it amounts to liab
libel is more complicated.
I'm not sure that making this comment to one person would be sufficient anyway. Certainly a comment can be sufficient to one person depending on the nature of the comment.
The difficulty here though is that they could argue that their comments were substantially true as indeed you do seem to be the subject of an investigation.
Difficult to say whether that would succeed. I must admit that I do see a difference between saying that a person had been prosecuted and the truth being that they are under investigation.
I suppose it depends on the outcome of the investigation.
Which is probably the primary point here.
They are clearly investigating some form of allegation that you were living together in a relationship. Obviously you can deny that as its not true.
The danger here lies in the fact that you should have told them that she was an ex partner. It might not have made any difference to your claim but they were entitled to be told about it I'm afraid.
Thats not what they are investigating at the moment though.
They are two different things but I'm afraid I don't think it amounts to defamation.
Its wrong certainly.
But its not a statement that is a million miles from the truth.
It would be different if, for instance, they said that you were being investigated for child cruelty or some other entirely unrelated matter.
Then it wouldn't be possible to argue that its reasonable in the circumstances.
The truth is here that you may well be prosecuted unfortunately and then the distinction would fall away.
Even if you are not then you were being investigated for the offence in question so they could argue fair comment I'm afraid.
They might well not think to ask whether you've ever been together anyway.