False allegations

[JoBreeze]

Is there anything I can do about my parish council writing to my husband making false and vexatious allegations about me? The ICO decided their emails contravene GDPR. I made a formal complaint to my parish council about their false and vexatious allegations, but they denied the allegations were false and vexatious, and failed to disclose any evidence to support their conclusion that the allegations were true (contrary to their Complaints Policy). I requested the evidence via the Freedom of Information Act, but they have sent a refusal notice under section 14 as they deem my request vexatious. I expect they are using section 14 as a cop out because they have no evidence to disclose, as the allegations are false. What legislation prevents this kind of abuse?

[islandgirl]

As a Parish Councillor I find this very unusual and confusing and cannot imagine what kind of allegations were made. The next step would I believe be the standards committee at your local council. They look into all issues such as this including for Parish Councils.

[JoBreeze]

The Monitoring Officer at the District Council can deal with complaints about individual councillors, not council decisions. I would like to know what legislation prevents false allegations being made by the Parish Council, especially as they were made to my husband by email. The ICO decided there were contraventions of GDPR, but I would like to cease their false allegations about me (to me or anyone else).

[islandgirl]

Well an individual councillor must have sent the email - have you complained about this person?

[Retromau5]

If they've sent an email to your husband that contains false allegations about you, then I'd be looking to explain how defamaton by way of libel works to them. When you raise a claim of libel against a person or group, the responsibility to prove its true is with them. They published the accusations (typing it up) and showed it to a third party (your husband). If the content of the publication is considered to be damaging to your reputation then that's potentially defamaton. If the ICO have given you a favourable view, this would also carry weight with a civil case against them. You'd have to show evidence of the detriment you've suffered (emotional distress etc) but you'd get the chance to stop them from continuing with their behaviour.

[islandgirl]

As I understand it the ICO has not given a favourable view re defamation but only relating to GDPR...presumably they shared an email address they should not have done or similar. I still just don't get this situation as a Parish Councillor and would very much like to know more.

[Retromau5]

Sorry, I wasn't suggesting the ICO would give an opinion on defamaton, it's not something they'd deal with. But their opinion on GDPR could carry some weight as a side note to a defamaton claim, depending on what they have said. I'd explain things to them in a firm but fair manner, it may be enough to get them to stop,which is ultimately the desired outcome.