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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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Hi, My son was accused of punching a Brent Housing Warden however

Customer Question

Hi, My son was accused of punching a Brent Housing Warden however it went to court and he was found not guilty of this. Now he was on probation at the time and was sent back to Prison because of this. Will he be able to pursue a compensation against the Police, Probation Service and Brent Housing Services?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, in short. I am sorry but I have to give you truthful information.
The police are not liable because they just responding to an allegation. They are not allowed to do anything else.
Probation similarly had every right to recall because there was a charge which is all they need. It is not for Probation to investigate the accuracy of that charge. That is for the courts to do.
The Housing services is a bit more complicated. You need to be careful with this. Just because he has been found not guilty does not prove he was innocent. We both know that people can be found not guilty for a variety of reasons. It is not a declaration of innocence. Obviously one reason can be that a person is innocent but there are others. The fact of a not guilty verdict does not prove lies on the part of the accuser.
In principle, if he is saying that the accuser was lying then he could sue him for defamation personally. There is an arguable case against his employers but probably they would defend on the basis that it wasn't in the course of his duty that he made false allegations so they are not vicariously liable. There does remain a case against the accuser though.
It is expensive to bring a defamation action but, overall, I would like to see more accusers face the consequences of their allegations.
The only claim in compensation against the other services would be if they have acted unlawfully. The police have not. Probation have probably not unless you can show that the recall was without proper legal basis. The Housing services have done nothing really except employ the accuser.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

How would my son go about putting in a claim against the accuser?

Expert:  Jo C. replied 2 years ago.
He can contact this firm
http://www.slatergordon.co.uk/media-libel-and-privacy/defamation-libel-and-slander/
There is no legal aid I am afraid and defamation is expensive.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Jo,

Do you have an email address? Or would it just be justananswer.co.uk?

Michael.

Expert:  Jo C. replied 2 years ago.
***@******.***

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