Please does anybody know anything about the law on libel?

[Vivkins3]

We objected to a planning application for a proposed development opposite our house. We have had previous problems with this developer to the extent that he was warned by the police not to approach us again. He wrote to the council with a "response" to our objection - this was not so much a "response" as a character assassination - name calling, accusing my husband of trespass and saying he has scant regard for the law.

The council actually published that letter on their website. I want to hold them responsible for the libel as the hosts of the site. Please does anybody have any help for me?

[bednobs]

no, you will not be able to sue them for libel - they didn't make the untrue allegations

[bednobs]

http://www.thompsons..../ltext/defamation.htm see here - it can only be heard in the high court. Have you had any monetary loss from this libel? do you have loads of dosh?

[Vivkins3]

The letter was sent to the Planning manager. It was his decision to publish those libellous comments on the website. After taking legal advice they edited the comments.

Are the Council not responsible for the content of their website?

[237SJ]

Did the letter on the internet name you? If it did maybe the council is breaking the Data Protection Act by publicising that you objected.

[bednobs]

i'm not saying trhey are not responsible for their website - just saying they didn't make the allegations, so you cant sue them for it

[Vivkins3]

Yes it names my husband. It accuses him of trespass (false), calls him various names and says he has scant regard for the law. My husband is a Parish COuncillor and his reputation is important to him.

[bednobs]

did anyone actually see it? ANyone he knows spoken to him about it?

[237SJ]

I`d just write them a stinking letter demanding that it is removed from their website forthwith

[bednobs]

"Any representations received in response to planning applications (either objections or supporting statements) must be made available for public inspection, in accordance with the Local Government Access to Information Act 1985. Provision is made within the Data Protection Act 1998 for publishing such information. This means that we cannot treat such representations as confidential"
from my local council website

[DTCwordfan]

Have a word with the libel lawyer, you may have a case against the developer especially if itn can be proven that he knew that this letter would be published. And the lawyer will advise you on action against the Council but I think that the best you will get is a withdrawal and a letter of apology.

[Vivkins3]

Yes other people saw it. It was on there for over a week before the Council deleted portions of it as unsuitable. Then we found another copy of the unedited letter had been posted under "Supporting Documents" and had to ask for THAT to be taken off too. That must have been there over 3 weeks.

[NOX]

In a nutshell no you can't sue for libel as everyone has rightly told you since the council didn't say any of those things and secondly even if they had it's prohibitively expensive to take anything to the high court, you really can't do it yourselves. I imagine that the council have published objections to the proposal in the spirit of transparency, and that that is why your letter appears. If I had a £ for every time someone had slandered or libelled me I'd be a very rich man indeed, and I'm sure that's true of most people, all I can suggest is that you either ignore it and laugh it off or that you ask the council politely to remove it as it's causing you distress, but I doubt they have an obligation to tbh.

[DTCwordfan]

Get a lawyer to check over the letter before it is sent if you send them a snorter - and remember that when 'held in check' as to rhetoric, they can often be far more damning and effective than the 'snorter' written in haste and fury..

[Vivkins3]

THe developer certainly knew it would be published n the website. It is actually headed up "For placement on Application XX/XX/XXXX - response from applicant to representation received".

[bednobs]

are you actually reading the answers you are getting?

[Buenchico]

All councils have a statutory obligation to make all planning applications available to the public, together with all objections entered to such applications and any responses to such objections from the original applicant. Any letter to the council, in relation to a planning application, automatically becomes a public document.

So the council have only being complying with their statutory obligations.

There is no legal aid for libel actions. Unless you've got a very large bank balance, and a willingness to risk a substantial part of that balance upon what might be a failed action, you have no chance of suing anyone for libel.

Chris

[Vivkins3]

Yes I am reading them thank bedknobs but i am being asked further questions and I'm trying to keep up with them.

[Vivkins3]

In the short term I am going to pursue this through the Local Government Ombudsman.

Thanks all for your help and thanks bedknobs for that link you sent - it will be very useful.

[bednobs]

sorry, i'm just being impatient :)