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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
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I have a neighbour who repeatedly makes obviously false

Customer Question

I have a neighbour who repeatedly makes obviously false noise complaints to my landlord and the council. This has been going on for nearly 3 years now. I believe I am being targeted because I am a disabled council tenant, an these complaints come every time I'm seen to have a delivery or leave bulky waste for collection suggesting I replaced the item or depart or if I return to the property late at night in a motor vehicle, which I believe is normal domestic use of a motor vehicle. Two of these complaints occurred whilst I was not in the property. This is causing me a great deal of anxiety as I feel I may be told by the landlord I may not keep a motor vehicle at the property or even evicted. I was allocated the ground floor flat because I was severely disabled and without the means to secure suitable accommodation privately.The council's property management company has twice told me to contact the police. On the first occasion I was told this was a civil matter by a shouty PCSO and on the second occasion although the police appear to be investigating they are "not sure they can help".Is this indeed criminal matter?Do I have options for civil recourse either against the neigbour or the council and their property management company for not handling the repeated false accusations?I note that if it were a criminal accusation then wasting police time or perverting the course of justice may apply. As the complaints against me are civil accusations is this protected in law in any way similar to allegations made by a victim of a criminal offence?
Submitted: 15 days ago.
Category: Law
Expert:  Jo C. replied 15 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

How many complaints has she made?

Customer: replied 15 days ago.
At least 6, I have not always been notified and during the earlier accusations St Leger (the council's property management company) did not properly record the unsubstantiated complaints in violation of their own policy.
Expert:  Jo C. replied 15 days ago.

Thank you.

The police are quite unlikely to act I'm afraid. However, you could argue that this amounts to harassment which is technically a criminal offence as well but the police will not act. You could sue at the civil courts in harassment though. You do have that option.

Is not all that expensive to do that and six allegations, which can be proven to be inaccurate, certainly does amount to harassment. There is case law to the effect that making false allegations can be harassment.

However you do have the problem of proving that the allegations are false as opposed to just showing that they are disbelieved or trivial.

Can I clarify anything for you?

Jo

Customer: replied 15 days ago.
I have video from a helmet camera of my leaving and returning to the property on most occaisons that I have done so, which encompasses several (but not all due to camera failure and the unreasonable burden of recording and storing the footage of every journey) of the specifically mentioned occasions. Is this sufficient for those occasions?I do not have access to every allegation made as some of these were made by telephone to an employee of st leger who did not make proper record of the complaint or her investigation. Furthermore I have a letter from that employee saying she would handle my complaint about her personally and further pursuit of this matter has had two directors of st leger meet with me twice and refuse to make a written response. Can I take action against St Leger for handling these complaints against their policy and thus enabling such harasment?
Customer: replied 15 days ago.
can you provide proper references for the case law please?
Customer: replied 15 days ago.
would it be appropriate to write or have a professional write a letter to complainant asking them to desist making such allegations as I consider such harassment and am prepared to take civil action?
Expert:  Jo C. replied 15 days ago.

If you can show there were 6 then that is enough.

You will have to show they were false though.

A solicitors' letter would work well.

There is a very good article on the point here

https://www.linkedin.com/pulse/vexatious-allegation-jo-morris/

Customer: replied 15 days ago.
can you provide proper references for the case law please?
Expert:  Jo C. replied 15 days ago.

R (Waxman) v Crown Prosecution Service [2012] EWHC 133 (Admin)

Although there are others but if you want me to research it I would have to make a further offer.

Customer: replied 15 days ago.
Do you have anything that relates to a civil matter rather than the CPS?
Customer: replied 15 days ago.
Please scroll up, my original question was about a civil matter and you have provided further information relating to criminal matters.as such I am not satisfied whit this answer.