Advice on bringing a civil case for false allegation

[slowdown73]

I am considering bringing a civil case against my accuser for making a false allegation and the impact this has caused on my health and employment. I will explain my current situation.

Nearly two years ago, I was falsely accused of attempted rape and sexual molestation. I was interviewed under caution but never charged. The Police took 16 months to complete their enquires and the case was dropped after I handed in evidence undermining the allegation. I had to tell my employers due to the nature of my job which involves working in social work. My employers didn't handle the situation as best as possible and told other staff there was an issue with my DBS check (but didn't go into the specifics) but enough to undermine my reputation and led to lots of awkwardness among my colleagues. My role was changed to office based during the investigation. Following the outcome, the LADO called a professionals meeting whereby it was agreed unanimously it was a malicious allegation. My employers informed me that the Police told them there was no truth in the allegation whatsoever and my accuser was under investigation for fraud and making a false allegation. However, the Policd have told me there is insufficient evidence at present to bring a charge for perverting the course of justice and there may be a record of the allegation on my DBS which I have challenged through a formal complaint and using my M.P. My accuser is still under investigation although I have been told there is some kind of dispute over whether his local police force or the fraud action team will carry out this investigation so it sounds like very little has been done about it yet.

I resigned from my job in December. It was partly due to the impact on my health but also I felt unable to return due to the damage done to my reputation and awkwardness towards my colleagues which my employers were unwilling to address. I'm very angry about the whole situation especially towards my accuser and the Police and feel I need to do something to stop this from happening again.

I am unclear whether I would have the right to make a claim for defamation of character. On the one hand, my employers have recognised it was malicious but the Police are reluctant to do so although they have confirmed there was no evidence to support the allegation and stated I have produced evidence which undermines it. However, the Police say there is no evidence at present to say the allegation didn't happen. When I questioned how the LADO managed to reach a malicious outcome, I was told the Police work to a higher legal threshold but the LADO process would have relied on the findings from the Police. I believe there is a statue of limitation of one year on defamation claims but unsure whether my case would fit into this category anyway. Does anyone think I may have a case?

Does anyone know of any good solicitors in North West Area? Ideally, I want at least a free consultation to see if I have a good case and if I do, then a no win no fee agreement which I'm aware some solicitors offer such as Slater and Gordon. I know this is probably asking a lot but I'm on ESA at present and can't afford to pay legal fees.

Thanks for any advice you can offer.

[Rights Fighter]

You can't do this on a NWNF basis. A private prosecution costs a fortune, especially if you lose and area ordered to pay their costs.

It could also have the added negative effect of the accuser getting a friend to FA you of something, in a game of tit for tat.

[slowdown73]

If it's been deemed malicious by my employers, then I don't understand why you can't bring a civil case. I also thought the standard of proof is lower for a civil case than a criminal conviction. Yes, he could theoretically get someone else to accuse me of something else but that's hardly a reason not to sue him for the damage he has caused to me.

[hello88]

I am considering bringing a civil case against my accuser for making a false allegation and the impact this has caused on my health and employment. I will explain my current situation.

Nearly two years ago, I was falsely accused of attempted rape and sexual molestation. I was interviewed under caution but never charged. The Police took 16 months to complete their enquires and the case was dropped after I handed in evidence undermining the allegation. I had to tell my employers due to the nature of my job which involves working in social work. My employers didn't handle the situation as best as possible and told other staff there was an issue with my DBS check (but didn't go into the specifics) but enough to undermine my reputation and led to lots of awkwardness among my colleagues. My role was changed to office based during the investigation. Following the outcome, the LADO called a professionals meeting whereby it was agreed unanimously it was a malicious allegation. My employers informed me that the Police told them there was no truth in the allegation whatsoever and my accuser was under investigation for fraud and making a false allegation. However, the Policd have told me there is insufficient evidence at present to bring a charge for perverting the course of justice and there may be a record of the allegation on my DBS which I have challenged through a formal complaint and using my M.P. My accuser is still under investigation although I have been told there is some kind of dispute over whether his local police force or the fraud action team will carry out this investigation so it sounds like very little has been done about it yet.

I resigned from my job in December. It was partly due to the impact on my health but also I felt unable to return due to the damage done to my reputation and awkwardness towards my colleagues which my employers were unwilling to address. I'm very angry about the whole situation especially towards my accuser and the Police and feel I need to do something to stop this from happening again.

I am unclear whether I would have the right to make a claim for defamation of character. On the one hand, my employers have recognised it was malicious but the Police are reluctant to do so although they have confirmed there was no evidence to support the allegation and stated I have produced evidence which undermines it. However, the Police say there is no evidence at present to say the allegation didn't happen. When I questioned how the LADO managed to reach a malicious outcome, I was told the Police work to a higher legal threshold but the LADO process would have relied on the findings from the Police. I believe there is a statue of limitation of one year on defamation claims but unsure whether my case would fit into this category anyway. Does anyone think I may have a case?

Does anyone know of any good solicitors in North West Area? Ideally, I want at least a free consultation to see if I have a good case and if I do, then a no win no fee agreement which I'm aware some solicitors offer such as Slater and Gordon. I know this is probably asking a lot but I'm on ESA at present and can't afford to pay legal fees.

Thanks for any advice you can offer.

insufficient evidence 'at present' - sound like she under investigation for several things, so she is probably feeling the strain and preassure and you never know where the investigations might lead..

me and OH have thought hard about things that if we ever did get the amazing news of NFA (which would mean our lifes ruined for more than 10 months and devestating effect on our children) then yes, we would really hope that the accuser gets done for it, and most importantly to us, the person who got the person to make the accusation. But we said that if we were being realistic we have to take a step back and decide on the minimum we want. To cut a long story short, the FA and gang have taken away almost a year (and maybe even longer) of our lifes, we don't want them taking away more than they have to, we dont want it affecting our family any more than it has to. Yes things have/will change, i mean for starters the debt will probably have after all this!! but the miminum me and OH want is the person ho got the person to make the accusation to be removed from where we live (they are housing association, same as us) and only live a few doors up, i hate seeing them, and their threatning behaviour has made my children scared in their own home. That's what i want, then after that anything that the police decide to do is a big bonus!! I think you have to be realistic on what you need to be able to move on. Yes you may be able to go through civil court but not only would it cost but also it would take many more months/years of your life and may not be worth it in the end.. it will be great when the day comes (if it ever comes) where the true criminals are done for, but until then, keep strong, the police may get them in the end!!

xxx

[Lilyput]

My paranoid opinion on this is look at Stephen Avery I know this is the UK but I can't help but think it's dangerous to fight back. I know it's extremely, extremely unfair you risk rocking the boat if aggravate either FA or the authorities.

My OH's FA does a really sensitive job if she's accuses somebody she works with it's game over for them, I feel the day she accused someone she lost all right to do the job she does. However if we are lucky enough for this case to be dropped I won't argue this, I won't contact her or anybody regarding her ever again. She isn't worth risking things over.

Neither is your FA, your FA is not worth risking your freedom over, RF is right they could get a friend to accuse you, or make a new allegation themselves... Also normal people do not make false allegations if they are capable of lying to police and crying over something that never happened what else are they capable of? They've already shown themselves to be a sociopath. It's none of my bussiness but please don't prod a very dangerous bear with a really sharp stick. She'll get hers one day, nobody escapes judgement in the end. Big love.

[Rights Fighter]

I know people who have had further allegations made against them after the accused has attempted to sue them for defamation, which is why I said what I did.

There will no be legal aid for this, so it's either pay privately or self-litigate, and if he loses, pay the respondent's costs.

However, if the OP wishes to go ahead then that is entirely up to him.

[Lilyput]

Sorry if I sounded judgy pants less than a month ago I had honest murderous thoughts about FA, I hated her. I still think she's a sad attention seeking person, and very ugly inside and out.

I think you have to love yourself and your loved ones more than you hate FA. I think you have to have close that chapter of your life for your own sanity. If the allegation has ruined something, a relationship or a job then except how unfair it was and move on to the next thing with your head held high. The allegation has been thrown out and can't destroy things anymore.

If it ever does come up with employers or anybody else, I would just say 'I was accused of something I did not do, after a long and detailed investigation the police found no evidence that I'd ever admitted such a crime. It was a horrendous time in my life and I'm now moving forward'. Anymore issues and I would remind them you were never even charged or arrested.

[TBG1]

Hey Slowdown73,


Look - I think that in theory it's a great idea. We all know what sort of effect these horrendous allegations have on you and you rightly feel like holding someone to account for it.


Sadly (in my opinion only) in practice, it would appear to be extremely ill-advised. RF has made good points regarding possible further "retaliatory" allegations and even "conspiritory" allegations from a friend of the FA ..... certainly, you have to believe that when the FA was told that you were being given NFA they didn't just think "Ah, well - it was worth a bash"....No, I bet they searched their tiny little mind for another way to get to you. And no doubt failed. Again.


But, something like this will stir up their desire to hurt you again. It shouldn't be a reason to "lie down and take it", but I'm afraid it is. You have witnessed first hand what (a) The lengths that these FA are prepared to go to and (b) The position that the Police take when receiving an allegation. Do you really want to risk another 16 months of agony?


And just to highlight what I'm saying, there have been quite a few people who found themselves on here in the first place because they initially went to the Police to stop harassment or because they'd "heard" that they were going to be falsely accused .... they hadn't (officially) but guess what - when the Police visited the FA regarding the complaint against them, it prompted the FA to make their allegation. And so that person's own 16-month ordeal begins.


It's a dangerous game to play - it shouldn't be - but it is. It's not fair. It's bloody annoying and I understand (and share) the need to hold somebody to account for all this. But because the deck is stacked against those accused, you are playing with fire by pursuing them (again, in my opinion).


You need to look after yourself now Slowdown....I can't advise how you might do that, but you are out "the other side" now - Yes, you're wearing the battle scars but it's best to let them heal.


Best Wishes To You,


TBG1

[slowdown73]

I appreciate people's different opinions. Like I said, I guess he could try and get someone else to make another false allegation but I don't think he's very capable of coming up with anything credible. After all, this is the same person who made false allegations against me and my parents but three years before sent a bogus solicitor's letter to my parents telling them they were under investigation and demanding compensation, which is what led to the collapse of his entire case and him being investigated for fraud and perverting the course of justice.

Well I've seen a couple of solicitors offering no win no fee if they think you have a good case and I'd only go ahead if I thought I would be successful as I'm aware I would have to pay his costs if I lost.

I'm also hoping the Police will get their act together soon and decide who is going to investigate him for the fraud because that may lead to a prosecution and further evidence such as a partial admission possibly.

[Lilyput]

Sorry for assuming you FA was a woman, did his FA come from being just a bit unstable or does he have some sort of grudge against you and your family?

I do understand why you want to do this, just be really careful

[slowdown73]

Sorry for assuming you FA was a woman, did his FA come from being just a bit unstable or does he have some sort of grudge against you and your family?

I do understand why you want to do this, just be really careful

My accuser is my brother and he has a long history of mental health problems. We think the reason he made the allegation is a long standing dispute between his partner and our parents. My father in particular has never got on with my brother's partner because of their big age difference (20 years) and fact he left home at 17.5 years old. My Dad has always blamed the partner for the reason he left home and refers to him as a paedophile. However, both my brother and his partner have tried to extort money from my parents before. In 2007, they claimed they were involved in a caravan fire in France and needed £3,000 or my brother would be put in prison. My parents never paid them any money though.

My Dad hasn't helped the situation by informing my brother's partner when drunk during an argument that my mother had an affair and my father is not his biological dad. This came as a big shock to me because I wasn't even aware of it but my Dad should never have disclosed it like that. My dad refused to have a DNA test and since then my brother has cut himself off from our parents. We think he may have been put up to making the allegation by the partner because he is very controlling and my brother has told our parents he has been subjected to domestic abuse over the years and was forced by the partner to take out a loan in his name and all the money went to his partner. We also believe he may have made the allegation because he is angry and thinks he will not inherit anything from their estate and everything would be left to me.

I found out from the Police my brother made allegations against me and my father but everything was dropped after we exposed the malicious letters he sent to our parents.

[jittery]

Hi

My accuser is my brother and he has a long history of mental health problems. We think the reason he made the allegation is a long standing dispute between his partner and our parents. My father in particular has never got on with my brother's partner because of their big age difference (20 years) and fact he left home at 17.5 years old. My Dad has always blamed the partner for the reason he left home and refers to him as a paedophile. However, both my brother and his partner have tried to extort money from my parents before. In 2007, they claimed they were involved in a caravan fire in France and needed £3,000 or my brother would be put in prison. My parents never paid them any money though.

My Dad hasn't helped the situation by informing my brother's partner when drunk during an argument that my mother had an affair and my father is not his biological dad. This came as a big shock to me because I wasn't even aware of it but my Dad should never have disclosed it like that. My dad refused to have a DNA test and since then my brother has cut himself off from our parents. We think he may have been put up to making the allegation by the partner because he is very controlling and my brother has told our parents he has been subjected to domestic abuse over the years and was forced by the partner to take out a loan in his name and all the money went to his partner. We also believe he may have made the allegation because he is angry and thinks he will not inherit anything from their estate and everything would be left to me.

I found out from the Police my brother made allegations against me and my father but everything was dropped after we exposed the malicious letters he sent to our parents.

Hiya,
Sorry to hear about all this, we've all felt like this at some time or other and on reflection I agree with TGB1 I think it was. I don't get the feeling it would turn out well although I can appreciate to an extent how you feel. I had to quit my job during the investigation and went back afterwards, I'm very thickskinned but I found it difficult and was a bit apprehensive. Never the same afterwards.
Trying to move on IS the best policy if you can, there may be a risk of causing upset in other areas of the family if you go on with this? The choice obviously is yours, but I really would think twice about it.
Good luck
Stay strong

[TBG1]

I appreciate people's different opinions. Like I said, I guess he could try and get someone else to make another false allegation but I don't think he's very capable of coming up with anything credible. After all, this is the same person who made false allegations against me and my parents but three years before sent a bogus solicitor's letter to my parents telling them they were under investigation and demanding compensation, which is what led to the collapse of his entire case and him being investigated for fraud and perverting the course of justice.

Well I've seen a couple of solicitors offering no win no fee if they think you have a good case and I'd only go ahead if I thought I would be successful as I'm aware I would have to pay his costs if I lost.

I'm also hoping the Police will get their act together soon and decide who is going to investigate him for the fraud because that may lead to a prosecution and further evidence such as a partial admission possibly.

But he obviously didn't come up with anything credible the first time did he? Didn't stop the Police ruining 16 months of your life though.

This is really difficult for me (especially as I'm still in the middle of all this) but the Police will react favourably to him if he makes another allegation...no matter how preposterous. Please don't voluntarily put yourself in that situation again.

[slowdown73]

But he obviously didn't come up with anything credible the first time did he? Didn't stop the Police ruining 16 months of your life though.

This is really difficult for me (especially as I'm still in the middle of all this) but the Police will react favourably to him if he makes another allegation...no matter how preposterous. Please don't voluntarily put yourself in that situation again.

I sympathise with you having been through my own situation but whether we like it or not, the Police have to investigate these types of allegations. Obviously, I have no control over how he will react if he is sued but given he is under investigation for fraud and perverting the course of justice anyway, I suspect any rationale police officer would treat another allegation with extreme caution given his track record. And taking some form of legal action is precisely why I never want to be in this situation again because he could easily try it again if I didn't sue him and I want to stop him from ever doing this again.

[Casehardened]

http://www.daftmoo.org.uk/mooforum/s...pe-allegations