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Hiyas!
I started a thread recently about 'Scumbag' Council's unlawful Suspension of HB/CT, which is still ongoing, but no longer a problem (due to the County Court's involvement).
Sometime after the suspension there was a home visit from a Council Fraud Investigation Officer - which would have been fine had he conducted himself properly instead of being so badly behaved. Complaints have been made to the Chief Executive but he's doing nothing about it. Complaints to The Local Government Ombudsman and the MP have been considered, but neither is likely to take strong action against the Officer. The feeling is that he needs to be punished for his actions, and that that would be in the public interest. What options are open for an individual to make him answerable in a court of law?
His main wrongdoing is that he committed a breach of the peace by causing harrassment, alarm and distress. He then lied to the police and a County Court about the incident. This is a man whose word is relied upon as evidence in criminal proceedings.
I will try to briefly describe what happened: There was some urgent banging on the front door (of a private property in another Council borough) around 8PM and so the occupant asked me to answer it. The man stood there was saying he needed to speak to her, and that he needed to come in. He wouldn't say who he was after a few times of asking, then the occupier, after hearing the commotion, also came to the door (this is when he actually trespassed, in the moment I turned to talk to the occupier, into the porch of the property and started sticking his neck out) whereupon this man started saying to the occupant, 'Are you X', 'That's you isn't it?', 'You need to let me in', 'You don't want the neighbours to hear me chatting your business do you?'. As he wasn't even saying who he was I was told to shut the door on him, which I did. At this time I was under the impression that he must have been a bailiff, such was his eagerness and intention to enter the property. Had he simply gone away at this point we would have been none the wiser as to who he was and what he wanted - and would have been left mystified as to who this stranger was.
As it was he started banging on the door again and began shouting. The occupant rang 999 and the operator even said she could hear him making noise outside. As he wasn't going away, and as the occupant had two teenage daughters in the house who were by now quite alarmed at what was happening, I was compelled to deal with him. I went round the back way and came up behind him as he was still in the porch entrance ranting and banging. I told him to leave the property, which he did.
Only to wait outside until the police came. As an ex-police officer (which it is suspected he is) you might still be friendly and acceptable to real police officers, and this would explain the subsequent actions of the police - there must have been some reason for the police to later supply what amounted to a character witness on behalf of this miscreant, and a character assassination of the complainant upon request of the Council Officer.
When the police arrived their only line of questioning was to confirm the ownership of the property, which the occupier did to their satisfaction. They even wanted to know the location of the deeds to the property! The Fraud Investigation Officer had told the police that Scumbag Council owned the property, which was a blatant lie (isn't this a criminal offence? Wasting police time?). So they let him go and handed in some letters he had had with him. This was later given as the reason for his visit - to deliver a letter.
Requests to the police on how to obtain an incident report have been ignored, but at some point the transcript of the 999 call will probably have to be gotten - along with the notes relating to the incident.
Had this been your average citizen I doubt that the police would have dealt with it in the same way. What he did was unacceptable for anyone to do, but even less acceptable considering his position and reponsibilities. Scumbag Council's actions in total could be called a campaign of harrassment: along with the incident described above they only desisted with threats of eviction after a court claim was made, and only stopped a liability hearing for non-payment of Council Tax upon threat of a further court claim.
So, what's to be done? The police won't prosecute, so that's out. Is a private criminal prosecution in any way pheasible? What about a County Court claim? If so, under what heading? And is it right to name Scumbag Council as Defendant, as they are vicariously responsible? Only damages in the form of money has been considered, but are there any Orders that could be sought also?
He lied to the County Court in a Witness Statement - anything that could be done about that? His Statement was not at all relevant to the claim - it included a statement from the police referring to the Council Officer by his first name, and addressed to him and stating how well behaved and dressed he was and what a scumbag the house and occupants appeared to be - old buddys they sound like from the tone of it. Oh, yes - and they said he didn't appear to be drunk or on drugs, as was stated in complaints to Scumbag Council (and in the 999 call).
This man needs retiring, and that is what has been suggested to the Chief Exec. There is no lack of stomach for a fight or ability to complete court forms, so this man will be made answerable in one way or another - if court fails then the MP or LGO can be informed. Are there any other standards agencies that would be interested in hearing of a dishonest Fraud Investigation Officer? Or anyone anywhere?
Any relevant info or advice would be very much appreciated.
I started a thread recently about 'Scumbag' Council's unlawful Suspension of HB/CT, which is still ongoing, but no longer a problem (due to the County Court's involvement).
Sometime after the suspension there was a home visit from a Council Fraud Investigation Officer - which would have been fine had he conducted himself properly instead of being so badly behaved. Complaints have been made to the Chief Executive but he's doing nothing about it. Complaints to The Local Government Ombudsman and the MP have been considered, but neither is likely to take strong action against the Officer. The feeling is that he needs to be punished for his actions, and that that would be in the public interest. What options are open for an individual to make him answerable in a court of law?
His main wrongdoing is that he committed a breach of the peace by causing harrassment, alarm and distress. He then lied to the police and a County Court about the incident. This is a man whose word is relied upon as evidence in criminal proceedings.
I will try to briefly describe what happened: There was some urgent banging on the front door (of a private property in another Council borough) around 8PM and so the occupant asked me to answer it. The man stood there was saying he needed to speak to her, and that he needed to come in. He wouldn't say who he was after a few times of asking, then the occupier, after hearing the commotion, also came to the door (this is when he actually trespassed, in the moment I turned to talk to the occupier, into the porch of the property and started sticking his neck out) whereupon this man started saying to the occupant, 'Are you X', 'That's you isn't it?', 'You need to let me in', 'You don't want the neighbours to hear me chatting your business do you?'. As he wasn't even saying who he was I was told to shut the door on him, which I did. At this time I was under the impression that he must have been a bailiff, such was his eagerness and intention to enter the property. Had he simply gone away at this point we would have been none the wiser as to who he was and what he wanted - and would have been left mystified as to who this stranger was.
As it was he started banging on the door again and began shouting. The occupant rang 999 and the operator even said she could hear him making noise outside. As he wasn't going away, and as the occupant had two teenage daughters in the house who were by now quite alarmed at what was happening, I was compelled to deal with him. I went round the back way and came up behind him as he was still in the porch entrance ranting and banging. I told him to leave the property, which he did.
Only to wait outside until the police came. As an ex-police officer (which it is suspected he is) you might still be friendly and acceptable to real police officers, and this would explain the subsequent actions of the police - there must have been some reason for the police to later supply what amounted to a character witness on behalf of this miscreant, and a character assassination of the complainant upon request of the Council Officer.
When the police arrived their only line of questioning was to confirm the ownership of the property, which the occupier did to their satisfaction. They even wanted to know the location of the deeds to the property! The Fraud Investigation Officer had told the police that Scumbag Council owned the property, which was a blatant lie (isn't this a criminal offence? Wasting police time?). So they let him go and handed in some letters he had had with him. This was later given as the reason for his visit - to deliver a letter.
Requests to the police on how to obtain an incident report have been ignored, but at some point the transcript of the 999 call will probably have to be gotten - along with the notes relating to the incident.
Had this been your average citizen I doubt that the police would have dealt with it in the same way. What he did was unacceptable for anyone to do, but even less acceptable considering his position and reponsibilities. Scumbag Council's actions in total could be called a campaign of harrassment: along with the incident described above they only desisted with threats of eviction after a court claim was made, and only stopped a liability hearing for non-payment of Council Tax upon threat of a further court claim.
So, what's to be done? The police won't prosecute, so that's out. Is a private criminal prosecution in any way pheasible? What about a County Court claim? If so, under what heading? And is it right to name Scumbag Council as Defendant, as they are vicariously responsible? Only damages in the form of money has been considered, but are there any Orders that could be sought also?
He lied to the County Court in a Witness Statement - anything that could be done about that? His Statement was not at all relevant to the claim - it included a statement from the police referring to the Council Officer by his first name, and addressed to him and stating how well behaved and dressed he was and what a scumbag the house and occupants appeared to be - old buddys they sound like from the tone of it. Oh, yes - and they said he didn't appear to be drunk or on drugs, as was stated in complaints to Scumbag Council (and in the 999 call).
This man needs retiring, and that is what has been suggested to the Chief Exec. There is no lack of stomach for a fight or ability to complete court forms, so this man will be made answerable in one way or another - if court fails then the MP or LGO can be informed. Are there any other standards agencies that would be interested in hearing of a dishonest Fraud Investigation Officer? Or anyone anywhere?
Any relevant info or advice would be very much appreciated.
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