Claim against Council and Neighbour

amlacasse

my partner was physically assaulted and had a child's hurl taken from her hands on our front door. This was a county council property. We notified gardai and council.

File was sent to DPP but no further action as our word against hers. Even though she admitted shortly after incident that the mark on partners face must have been caused in struggle over the hurl.

Council investigated and came back saying we were making vextious complaints and gave us a written warning.

I decided to move out as this neighbour could then make any complaints and would be believed.

I am being eaten up by this and the family is being Put through hardship with extra expense of higher rent, travelling to school etc.

Her mother witnessed incident and told us they were trying to get her to admit the truth.

Is there any legal recourse?

Beano

why did you partner have a weapon in her hand?

amlacasse

Beano wrote: »

why did you partner have a weapon in her hand?

The children had been playing and had been called in for dinner. Neighbour saw hurl and shouted at child to see it.

My partner took it from him as he went inside. Neighbour and her relations then jumped wall and tried to physically take it. Then punched my partner in the face.

Beano

you'll have to explain that again. who is 'her' and 'him'?

Xcellor

amlacasse wrote: »

my partner was physically assaulted and had a child's hurl taken from her hands on our front door. This was a county council property. We notified gardai and council.

File was sent to DPP but no further action as our word against hers. Even though she admitted shortly after incident that the mark on partners face must have been caused in struggle over the hurl.

Council investigated and came back saying we were making vextious complaints and gave us a written warning.

I decided to move out as this neighbour could then make any complaints and would be believed.

I am being eaten up by this and the family is being Put through hardship with extra expense of higher rent, travelling to school etc.

Her mother witnessed incident and told us they were trying to get her to admit the truth.

Is there any legal recourse?

Read a few times but still no idea why the altercation broke out but leaving that aside your family will probably have to go through a lot more if you pursue it. Maybe best to just move on? If they are really bad neighbours then perhaps its best you aren't there?

amlacasse

Beano wrote: »

you'll have to explain that again. who is 'her' and 'him'?

My son had been playing with his hurl. The neighbour saw it and made accusations of theft from her doorstep and wanted to see it.

My partner took the hurl from the child and then the neighbour and some of her relations jumped the fence and tried to physically take the hurl from my partner. Hit her in the face then took the hurl and all returned to their own property.

Miaireland

Your posts are very unclear. I assume child hurl means child's hurley? Who owned the hurley? What child did your neighbour shout at and what did they shout? Who's mother witnessed it?

amlacasse

Miaireland wrote: »

Your posts are very unclear. I assume child hurl means child's hurley? Who owned the hurley? What child did your neighbour shout at and what did they shout? Who's mother witnessed it?

My son owned the Hurley. The neighbour a female accused my son of stealing it from her son. She then physically assaulted my sons mother and stole the hurl.

We now have a black mark for anti social behaviour even though we did nothing.

Iseedeadpixels

amlacasse wrote: »

My son owned the Hurley. The neighbour a female accused my son of stealing it from her son. She then physically assaulted my sons mother and stole the hurl.

We now have a black mark for anti social behaviour even though we did nothing.

Who's Mother witnessed it?

Miaireland

amlacasse wrote: »

Her mother witnessed incident and told us they were trying to get her to admit the truth.

Is there any legal recourse?

Could you explain the bit above?

I am not sure whether you have a case or not. You would probably be best contacting a solicitor to see that.

I would suggest contacting your local councillor/TD regarding the black mark on your council record. Get them to ask the council to remove that.

amlacasse

Miaireland wrote: »

Could you explain the bit above?

I am not sure whether you have a case or not. You would probably be best contacting a solicitor to see that.

I would suggest contacting your local councillor/TD regarding the black mark on your council record. Get them to ask the council to remove that.

The neighbours mother witnessed it.

Miaireland

Last question who is they that is trying to get her to admit it?

To be honest I can't see you having a claim against the council. The Council did not evict you, you chose to move. The higher rent, travelling costs etc are as a result of your choice to move rather than the council evicting you. However a Solicitor is the person to talk to about this. We cannot give legal advice on boards

Again I suggest you contact your Local TD or Councilor in regards to getting the black mark removed from you record. I do respectfully suggest that you explain it clearly to him or her as the way you present the story here is quite unclear and is open to misunderstanding.

mrsbyrne

It's clear to me that possibly due to English language problems you did not get the cchance to state your case properly.
If your account of events that day to Gardai and Council was as unclear as your explanation here then it's not surprising that they believed her not you. If you want a ccouncillor or a TD to take this further you need to ask someone with good English to type up a coherent account of your version of the story first snd stick to that.

Teyla Emmagan

You made the decision to move out of the house OP, you have incurred those additional costs yourself. I can't imagine you have any claim against the council as a result. Is the house still yours? I would move back in, because you won't get a transfer otherwise. And avoid the hell out of your lovely neighbour. It seems bizarre that they would accuse you of making vexatious complaints though. I would follow up with them again on that. Get the details from the guards sent on to them.

amlacasse

Teyla Emmagan wrote: »

You made the decision to move out of the house OP, you have incurred those additional costs yourself. I can't imagine you have any claim against the council as a result. Is the house still yours? I would move back in, because you won't get a transfer otherwise. And avoid the hell out of your lovely neighbour. It seems bizarre that they would accuse you of making vexatious complaints though. I would follow up with them again on that. Get the details from the guards sent on to them.

I believe they made that decision on the basis. That the neighbour had made a prior complaint and the council had let it slip she was the complainant. They then have the idea we complained in a tit for tat situation.

The councils reasoning was that they had questioned other residents on the estate and no one backed up our story.

They didn't speak to a neighbour two doors from the incident whose children witnessed incident. The estate has its cliques, we kept to ourselves, and the neighbour in question (in the words of another resident when we told them we were to be moving in next to her said) "good luck she's mad)

amlacasse

mrsbyrne wrote: »

It's clear to me that possibly due to English language problems you did not get the cchance to state your case properly.
If your account of events that day to Gardai and Council was as unclear as your explanation here then it's not surprising that they believed her not you. If you want a ccouncillor or a TD to take this further you need to ask someone with good English to type up a coherent account of your version of the story first snd stick to that.

Let's try again then.

My sons where out playing hurling in the street outside our house. I was at the car parked on my driveway.

My partner came to the front door and called the children in for lunch. As they walked up the driveway, the next door neighbour shouted at my son. "Whose hurl is that? Let me see it!" He continued up the drive and into the house. My partner took the hurl from him.

The neighbour then jumped the wall between the properties and approached the doorway. Making allegations her children's hurleys had been stolen from her doorstep. Her sister lives beside her and also appeared at the doorway, along with some neices and the neighbours mother.

The neighbour then attempted to take the hurl from my partners hands. Her sister also grabbed the hurl. I placed my arm between my partner and the neighbour and also held the hurl.

The neighbour then punched my partner in the face a number of times. To end the situation, because my children were witnessing this and crying. I let go of the hurl.

The neighbour admitted to Gardai that the marks on my neighbours face must have happened during the struggle for the hurl.

The council made the decision we were making the story up based on her showing them two hurls that did not match the description we gave! ( I know I wouldn't show them a hurl I had just stolen)

They would not contact a local Hurley maker who the neighbour said she always purchases her hurleys from. Who told me that the neighbour had been in to him with the hurl and he had told her it was no one of his.

She also claimed to the council she was not on our property .

The gardai will not release any statements unless the person making it gives permission.

Once I received the warning I knew full well that the neighbour and her sister would be able to make any complaint they wanted and the council would believe her. So had no choice to move out.

The neighbours mother witnessed the whole episode and told my partner on a different occasion not to leave the house over what her daughter had done and she was trying to get her to tell the truth.

Hope this is a clearer account of the incident.

littlemac1980

amlacasse wrote: »

Let's try again then.

My sons where out playing hurling in the street outside our house. I was at the car parked on my driveway.

My partner came to the front door and called the children in for lunch. As they walked up the driveway, the next door neighbour shouted at my son. "Whose hurl is that? Let me see it!" He continued up the drive and into the house. My partner took the hurl from him.

The neighbour then jumped the wall between the properties and approached the doorway. Making allegations her children's hurleys had been stolen from her doorstep. Her sister lives beside her and also appeared at the doorway, along with some neices and the neighbours mother.

The neighbour then attempted to take the hurl from my partners hands. Her sister also grabbed the hurl. I placed my arm between my partner and the neighbour and also held the hurl.

The neighbour then punched my partner in the face a number of times. To end the situation, because my children were witnessing this and crying. I let go of the hurl.

The neighbour admitted to Gardai that the marks on my neighbours face must have happened during the struggle for the hurl.

The council made the decision we were making the story up based on her showing them two hurls that did not match the description we gave! ( I know I wouldn't show them a hurl I had just stolen)

They would not contact a local Hurley maker who the neighbour said she always purchases her hurleys from. Who told me that the neighbour had been in to him with the hurl and he had told her it was no one of his.

She also claimed to the council she was not on our property .

The gardai will not release any statements unless the person making it gives permission.

Once I received the warning I knew full well that the neighbour and her sister would be able to make any complaint they wanted and the council would believe her. So had no choice to move out.

The neighbours mother witnessed the whole episode and told my partner on a different occasion not to leave the house over what her daughter had done and she was trying to get her to tell the truth.

Hope this is a clearer account of the incident.

I think you should have allowed your neighbour to examine the hurley your partner was holding at the time of the incident.

That was the time to clear things up.

We always wrote our names on them when we were kids, they are very easily misplaced and can be very difficult to tell apart.

amlacasse

littlemac1980 wrote: »

I think you should have allowed your neighbour to examine the hurley your partner was holding at the time of the incident.

That was the time to clear things up.

We always wrote our names on them when we were kids, they are very easily misplaced and can be very difficult to tell apart.

Her children were 3 and 6, the hurl in question was a size 28 and obviously too big. In light of the events after, I think letting her look at the hurl would have just saved her the trouble of forcefully taking it.

There was no mistaken ownership of the Hurley. That was just an excuse. Her manner and tone dis not indicate she was just trying to ascertain if that was her sons hurley. She was shouting at an 8 yr old boy. The Hurley in question was of poor quality and given to my son by the school principle. When other children his his in school one day.

mrsbyrne

Is his the first time you have complained this neighbour or any other neighbour to the council, or has anybody ever complained about you or your family?

billy few mates

Hurleys... assault...Gardai..... reports....injuries....neighbours....physical violence....etc....

Reads like the referee's report after every Galway Hurling championship match....

nuac

billy few mates wrote: »

Reads like the referee's report after every Galway Hurling championship match....

I went to a school in Galway where hurling was the main sport.

Fast, hard and not for the fainthearted.

Was glad to move onto the comaratively peaceful environment of Connacht rugby