Hi I want to sue a council for making unsubstantiated complaints . Personal injury

[kirsty3]

If you read the above. I need some advice. Do I fill in an NI form and claim damages for a Pers Inj or just write it all down and claim £5000 as a litigant in person

[des8]

There is a preaction protocol to be followed by issuing a claim.
This Protocol describes the behaviour the court expects of the parties prior to the start of proceedings where a claimant claims damages valued at no more than £25,000 in an employers’ liability claim or in a public liability claim. The Civil Procedure Rules 1998 enable the court to impose costs sanctions where this Protocol is not followed.

https://www.justice.gov.uk/courts/pr...ility-claims#I

Perhaps you could give us more info about your injury & how sustained.
Is it about an injury (eg broken bones) or a complaint about something else

[kirsty3]

Its an unusual case. We moved here in nov 2012 , by Jan 2013 we had 2 complaints about a barking dog . The dog never barked. This escalated over 5 years into 25 complaints re statutory noise nuisance. Investigated and noise monitoring..no case to answer. The vexatious neighbour used the " good offices " of the council to complain vexatiously. In June 2017 the Council issued a noise abatement notice on the basis of hearing 3 barks before 7.30 am. After 3 months case withdrawn by council. However the day after this my husband died. After a 3 months respite the complaints which were unjustifiable continued. Other neighbours had made statements etc of no noise . This has continued. It is an infringement of human rights and I am no longer able to enjoy my property. I want to issue a statement of claim in the small claims court . Not sure whether it is a P.I or just plain harassment or what category thi falls in. It could be argued that the council were negligent in not assessing the fact that the complainant was vexatious ( or were reckless to find the truth )
So I have downloaded an N1 form .... Any advice gratefully accepted

[des8]

So this is definitely not a personal injury.

You have little chance of making a successful claim against the council as they have a statutory duty to investigate all complaints that are made by residents within their area,

Your best way forward is firstly a letter to the complainant telling them that you find their continual reports to the council as without foundation and vexatious. If they continue you will consider it as harassment, (an offence under The Protection from Harassment Act 1997), and will then take appropriate action.
This could be a report to the police or an injunction (at their cost) forbidding further vexatious complaints

[kirsty3]

Metropolitan v Worthington and Parkin 2018 is a kind of precedent. They know that the complainant is vexatious. My sol has written to police 2 years ago and environmental health. He has suggested they are being vicariously liable in pursuing what they have already investigated.

[des8]

Under the environmental Protection Act the council have a duty to investigate every complaint of statutory nuisance from a person living in its area.
In 2016 Lambeth had their knuckles rapped by the LGO for failing in this regard because they had put in place procedures which meant they did not investigate every complaint.

In your latest post you refer to a case about a housing authority harassing tenants. The harassment included false claims of legal action being started.

Your council did issue a noise abatement notice, but withdrew it after 3 months.
They investigate claims from a vexatious person.
On that basis IMO you have no case against the council for harassment.

What response did your solicitor obtain from the police?