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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70211
Experience:  Over 5 years in practice
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Have had 2 complaints from my neighbour over the last few

Resolved Question:

have had 2 complaints from my neighbour over the last few years re noise have been monitered no case to answer. recently have had local council letter re commercial grooming, bording, and breeding this has come through planning. Whanted to find out who had made these accusations through The Right to know had e-mail stating sec40 of the FOI act. if i appeal will i get anywhere with this as i feel harrassed within my own property. thank you Mrs Petula *******

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Appeal against what please?
Customer: replied 3 years ago.

to find out who reported me as have now had enough, have applied throught the council for the right to know who it was have been told no but can appeal this result. am i barking up the wrong tree? have had a letter stating from planning that there was no case to answer re the above complaint all i would like is to find out who it was.. Thanks

Customer: replied 3 years ago.

The right to know who made the complaint.

Expert:  Jo C. replied 3 years ago.
Unfortunately, you are not entitled to know and the local authority can rely on the exemption under s40.
If you think you are being harassed you can make an application to court for an order to compel the local authority to tell you who the person is.
Without a court application there is no other remedy. Even a complaint to the Local Government Ombudsman will not bear fruit.
It really depends whether you want to go as far as spending money to go to court.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Thank you for your reply, i guessed that would be the case so why do they have a form within the council for The right to know, and waste peoples time nobody is rich enough to continue with that course of action so i have to continue looking over my shoulder and worrying now Thank you all the same..

Expert:  Jo C. replied 3 years ago.
No problem and all the best.
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