Accused of fly tipping. Interview under caution

Leanneevans95

Hello, so I have a pretty major problem and it’s really beginning to affect me.
I moved out of my home into temporary accommodation a couple of months ago there was always lots of rubbish in the alley way. I never thought anything about it. It never affected me. So I just ignored it some directly behind my house some behind the other houses anyway, it was VIA the council but through a private landlord if that makes sense. We were there maybe 4 months. I moved the day of moving my soon was rushed to hospital he’s only a baby. He’s always been very ooorly. He’s oxygen dependent and was very premature. So a friend moved some of my stuff for me, with his friend. Whilst I was in hospital with my son. Anyway- there was some rubbish left inside the back garden which I told the landlord I couldn’t deal with until my son was home and well. About a week into our stay the landlord informed me he had moved a new family in. Didn’t mention the rubbish or collection just that he had a few bits I had forgotten and he had taken and that I could collect. Fast forward maybe a month. My sons comes home. I receive a letter to my new address. From the council saying I need to attend an interview under cation. I emailed him to tell him I could not attend the appointment as my son was sick again but I needed to rearrange it. He was fine with this but when I questioned the legalities of rubbish being left in a garden as fly tipping I was informed it was NOT in the garden but the alley way. Now, nobody had removed any rubbish the whole time I was in my property. So I THINK my landlord has literally thrown my bags over the alley way. And called the council to have the rubbish removed and possibly that they think ALL the stuff out there must belong to me. I know I shouldn’t have left it in the garden. But I did NOT leave it in the alley way.
I contacted the law Center. They cannot help. I cannot get to a citizens advice buero as I have three children and no xhildcare two of which are school age. Well one school one nursery. I can’t get there by the time needed and I’m at my wits end The helpline hasn’t been great. Neither has the online chat. I don’t know who I can contact anymore? Like law wise. It tells me to seek advice from a legal representative. And I can’t find anyone that could help me with this issue. I’m so scared of being cautioned. I’m so scared of being prosecuted I have young children and play to study to be a paramedic at uni Erth next year! And this could jepodise everything. I’m sorry for the long post I’m just at my whits end and REAALLY need some help. I’m struggling.

Thank you very much for anyone who took the time to read this!

Comms69

Relax.

Ask them to arrange a duty solicitor; they must. Though they probably don’t know that. Edit: there is some debate over this- my advice is to not attend voluntary interviews

Then arrange a suitable time.

Remember you can choose to say nothing; and refuse the interview if you want.

davidmcn

Leanneevans95 wrote: »

I’m so scared of being cautioned.

In case there's any confusion, "under caution" just means they've read you your rights before they start the interview ("you have the right not to say anything, but anything you do say" etc). Not to be confused with receiving a police caution (i.e. a formal warning as an alternative to prosecution).

Comms69

davidmcn wrote: »

In case there's any confusion, "under caution" just means they've read you your rights before they start the interview ("you have the right not to say anything, but anything you do say" etc). Not to be confused with receiving a police caution (i.e. a formal warning as an alternative to prosecution).

A caution is a type of conviction, for want of a better word. I would recommend always getting legal advice before accepting any caution.

The IUC as you say is just an evidence gathering exercise. Under PACE

DoaM

To be fair, the thread is titled Interview Under Caution (which is also mentioned in the OP), therefore post #3 is correct.

Comms69

Op also worth considering-


If you refuse to go, no negative inference can be drawn by the court. Something some unscrupulous investigators suggest.


The law is quite clear on this.

EachPenny

Comms69 wrote: »

Op also worth considering-

If you refuse to go, no negative inference can be drawn by the court. Something some unscrupulous investigators suggest.

The law is quite clear on this.

The OP does really need to obtain legal advice on this though. Presumably the council have contacted her because they have found items in the fly-tipped rubbish which can be linked to her (e.g. letters/papers/bills/catalogues with her name on) or otherwise the former landlord has claimed she is responsible.

There is a difference between leaving bags of rubbish in your garden and dumping them in a public place. If the OP is not responsible for the rubbish being dumped in a public place then it might be in her interests to make a statement detailing what she did do (and by implication identifying the former landlord as the guilty party).

But it requires a legal professional to make an assessment of the relative risks involved in cooperation or non-cooperation with the council in their enquiries.

The difficulty is that we (individually) are responsible for ensuring the correct disposal of our waste. The presence of identifying items in flytipped waste is normally something the identified person could reasonably be asked to explain.

General_Applause

Do not go to this 'interview'. If they had enough evidence they would have issued a fine or started proceedings against you.


Fact is, they don't have any evidence and they are hoping you will go along and fill in the blanks.


https://crimebodge.com/had-an-interview-under-caution-letter-heres-why-you-should-bin-it/

G_M

Have a read of this similar thread:


https://forums.moneysavingexpert.com/discussion/5886222/falsely-accused-of-fly-tipping&highlight=fly+tipping

tacpot12

General_Applause wrote: »

Do not go to this 'interview'. If they had enough evidence they would have issued a fine or started proceedings against you.

Fact is, they don't have any evidence and they are hoping you will go along and fill in the blanks.

https://crimebodge.com/had-an-interview-under-caution-letter-heres-why-you-should-bin-it/

I would agree with General Applause and Crimebodge, there is nothing to be gained from attending an interview under caution if the Police invite you to do so.

If the Police come to your house, ask through the letterbox if they are there to arrest you or if anyone has called from the house for assistance. If they say they are there to arrest you, leave the house and go with the police (take any children you have with you and explain who is at school/nursery). If they say someone called from the house for assistance, let them in but say nothing to them until they have searched the house and satisfied themselves that no one needs their assistance, then say "Please leave my home" and repeat until they leave. This might take a while, but remain calm, and just say "Please leave my home" until they do.

If they are not there to arrest you or no one has called them for assistance, you can safely ignore them. Don't let them in. This will be difficult, but they will not enter your house except to arrest you or if they have been called for assistance by someone else.

Hopefully this will all blow over and you will not need any of the above advice.

Comms69

tacpot12 wrote: »

I would agree with General Applause and Crimebodge, there is nothing to be gained from attending an interview under caution if the Police invite you to do so.

If the Police come to your house, ask through the letterbox if they are there to arrest you or if anyone has called from the house for assistance. If they say they are there to arrest you, leave the house and go with the police - depends on the suspected offence. (take any children you have with you and explain who is at school/nursery). If they say someone called from the house for assistance, let them in but say nothing to them until they have searched the house and satisfied themselves that no one needs their assistance, then say "Please leave my home" and repeat until they leave. This might take a while, but remain calm, and just say "Please leave my home" until they do. - again unless the police have reasonable suspicion that there is a danger to life and limb; you are not obliged to let them in.

If they are not there to arrest you or no one has called them for assistance, you can safely ignore them. Don't let them in. This will be difficult, but they will not enter your house except to arrest you or if they have been called for assistance by someone else.

Hopefully this will all blow over and you will not need any of the above advice.

Irrelevant anyway as this is a council investigation