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?

[Vivkins3]

I think that the COuncil's subsequent editing of the developer's letter (deleting almost all of it) indicates to me theyacknowledge it's irrelevance to the application and subsequently it's unsuitability for publication.

[jackthehat]

If the portions that remain *are* in relation to the objection and 'have legs' the council are obliged to publish them.
You have complained about the remainder and they have removed it........you will pay a ridiculous amount of money to gain anything other than an apology, of sorts, from your Planning Department.

[bednobs]

not necessarily. Again my council (WEST BERKSHIRE) reserves the right to edit portions of letters for the website - yet they are still obliged to make it public at the offices. As chris says, it's their legal obligation so i'm not sure you'llget anywhere with the obudsman either. Plus they've taken the comments down now - what else can they do?

[Vivkins3]

I think the allegations of trespass needed to be denied. For reasons of space I've not been able to paste the copious exchange of mail and emails on here but the last thing we had from the Council was an apology for their delay in removing the letter.

[Barmaid]

Forget libel - unless there is a demonstrable loss it is just a money pit.

However, I note that the developer has been warned by the police not to approach you again. Under what circumstances? it might be that there is a case for either criminal or civil harassment.

[Vivkins3]

This is such a long story - this is the SECOND time something like this has happened. Last March we had an apology from the council for publishing a letter from that same developer along with photos of our house, my car, showing the number plate. The letter and photos were removed after we complained and the council called it a "regrettable error of judgement by a planning officer".

[bednobs]

ok, so they've removed it AND apologised - what else do you want them to do?

[Vivkins3]

Barmaid - yes we've had a lot of trouble with this guy. He used to stand and take photos of us talking to people who passed our house. The only reason could have been for intimidation. He has frightened everybody in the cottages opposite into not objecting to his proposals. They have said they are afraid in case poisoned meat is thrown into their gardens for their dogs and that they don't want to come home and find their garden sheds burned down. Etc., etc...

After he came up to us once when we were in our front garden and called us a couple of c*n*s, we invested in a voice recorder. We have voice recordings of him telling me I need a good black man to sort me out (he is indian), saying he is going to buy our house (I do know other people near to where he lives have moved house because of him and his harrassment) and of his sons telling my husband he should be afraid of them.

[Vivkins3]

Bedknobs they have apologised only for the delay in removing it, not for putting it up in the first place. As to what else do I want?

Hanging him might make me feel better.

[Barmaid]

Sounds to me like you have two choices. Firstly is report it to the police - given that he has probably already had a harassment warning, this may be enough to prosecute.

Secondly, take civil action (which will cost) for an injunction against him.

[bednobs]

yes but that is a seperate issue from the council (who, as ive said have a legal obligation to make these documents available)
I can quite understand why you hate the bloke and how this is a very unfair situation, but mithering at the council wont change that

[Vivkins3]

I doubt if the police will take action against him for a letter written to the Council no matter WHAT it contains.

[Vivkins3]

I dont see it as mithering at the council. They published untrue allegations against my husband and I think that by editing the comments and later removing the letter they are acknowledging that it should never have been put there in the first place.

I don't think I've mentioned that my husband wrote a rebuttal of the accusations but the Council wouldn't add THAT to the website.

[jackthehat]

Because it wasn't specifically to do with the Planning issue................

I think you need to take a calm look at what you are being advised.
The man sounds to be an absolute nightmare, but you are going to have to separate the harrassment from the Planning issue........

[bednobs]

but i still don't understand what you want from the council now?
They have taken the offending protions down, and have refused to get involved with it any more (what would be the point in publishing the rebuttal when the original allegations aren't there any more anyway - it only draws attention to the allegation, which i presume you don't want)
Even if you could sue the council, what good would having money do for your hubbies "reputation"?
What would you like the ultimate outcome (for the council) to be?

[Vivkins3]

Jack yes I realise they are separate issues. I do however feel I have the right to continue objecting to his applications (and there are LOADS of them). The site used to be a stable with about 3 barns on it. He is intent on developing this site and wants to extend the size of the buildings beyond that permitted. So far one of the barns alone has had applications for 3 granny annexes with spiral staircase (the place is empty), an orangery, a covered veranda, a swimming pool (running alongside the house where the orangery would have been) and of course a cover for that swimming pool (which was never even dug). All of these of course are simply an extension by any other name.

[bednobs]

but you haven't lost that right, have you, or have i misunderstood?

[Vivkins3]

Bednobs - we've written back to the Council today reminding them that they failed to remove the offending letter for over a week after we complained to them. I said to them a while back that mere removal of the letter now would achieve nothing - the damage has been done. I asked them to suggest a suitable course of remedial action (this could have included publishing my husbands rebuttal of the allegations but they chose not to) and suggest acceptable compensatory arrangements. I will wait to see what they say before I take any further action but my next step WILL be the Local Government Ombudsman. I have already been in touch with them and they said that I first have to go through the Council complaints procedure (stages one and two). If they do no respond satisfactorily (or if they do not respond at all within 12 weeks) the LGO will take the case up for me.

I came here to see if anybody knew anything about the LIbel laws and quite clearly a lot of people do.

Thanks to all responders.

[bednobs]

hi, sorry to go on, but how will compensation help a jot with repairing your husband's reputation? Will it really make you feel better, or make the people that saw the allegations forget or unsee them? All that will happen is that your council will have less money to employ people to answer emails or take things down off of the website.