false complaint to a local authority

Departed

is it a crime for a person to make a false complaint to a local authority as it is to make a false complaint to the gardai - i think

Victor

I imagine it will depend. That the facts are wrong isn't necessarily the point - there may be a defence of qualified privilege, e.g. if someone see a over-flowing drain and reports it to the council as an over-flowing sewer (much more serious issue), then that the facts were wrong wouldn't really be an issue.

If they maliciously reported something that was true, e.g. that you were running a chemical factory in a location where one wouldn't expect a chemical factory, but if the owner had all the appropriate consents, then that isn't much of a problem is it?

It would be much more an issue if it was false and malicious.

Departed

Victor wrote: »

I imagine it will depend. That the facts are wrong isn't necessarily the point - there may be a defence of qualified privilege, e.g. if someone see a over-flowing drain and reports it to the council as an over-flowing sewer (much more serious issue), then that the facts were wrong wouldn't really be an issue.

If they maliciously reported something that was true, e.g. that you were running a chemical factory in a location where one wouldn't expect a chemical factory, but if the owner had all the appropriate consents, then that isn't much of a problem is it?

It would be much more an issue if it was false and malicious.

assume it is false and malicious

Departed

I was told it may be defamation? Is reporting it to one person publishing it if is is false/malicious. ?

MagicSean

If you do a search we had a discussion on the application of the defamation act to people making false complaints to the ombudsman. I would imagine the same grounds would apply here. essentially it would come down to proving the malicious aspect of the complaint.