My fence posts and panels removed.

DanDare999

elsien said:

DanDare999 said:

elsien said:

He can refuse to accept a caution, as it does form part of a criminal record. The police would then need to decide whether to  take it further nor not.

I’d be very wary of accepting a caution without proper legal advice, personally speaking, because it is an admission of guilt and it will have an impact on some future job roles and voluntary work. 

Which leaves them nowhere to go if CPS don't authorise a charge. 

At the minute a caution isn't on the table as he hasn't admitted the offence. 

I understand that but the OP has clearly been given information about the possibility of a caution by someone, whether that is accurate or not, so just wanted to clarify that even if a caution was a possibility he can say no. 

That's probably Bendy talking about a written warning if there was no authority to charge. 

janbeno

DanDare999 said:

janbeno said:

DD, just an extra bit of information, my neighbour is telling everyone I fell. He went to the police station on the day it happened whilst I was in A&E to report  'an incident' saying he was sorry it happened. I presume he said I fell.

If I did fall as he says, why not check up on me. He knew i was in the house on my own as hubbys car wasn't there. He or his wife could have checked on me as I had lost consciousness. Isn't  this what any normal person would do if I'd fell? He has our phone number he or his wife could have called. Nothing. But he goes to the police station to report an incident he's 'sorry' for?

The PCI said that they would collate all evidence, statements, medical records, phone calls , and there may be a chance that they wouldn't have enough to proceed. I had been given the option of community resolution but said no. 

I don't think the police would waste the CPS's time with the evidence if they didn't think they had sufficient evidence,they're already busy enough. I had been told they may not have sufficient evidence, but they obviously have. As for the official caution, I believe if they have passed it to CPS and they don't think that they can win the case an official caution can be issued and he has no option in accepting or refusing?

What's a PCI?

Medical records and phone calls won't add much to your case unless you were on the phone when he assaulted you and a struggle or verbal account was recorded.

They may have incorrectly gone to CPS for a number of reasons. Ignorance and a sergeant being afraid to make a decision are the most common reasons. 

Police Constable Investigator.

DanDare999

janbeno said:

DanDare999 said:

janbeno said:

DD, just an extra bit of information, my neighbour is telling everyone I fell. He went to the police station on the day it happened whilst I was in A&E to report  'an incident' saying he was sorry it happened. I presume he said I fell.

If I did fall as he says, why not check up on me. He knew i was in the house on my own as hubbys car wasn't there. He or his wife could have checked on me as I had lost consciousness. Isn't  this what any normal person would do if I'd fell? He has our phone number he or his wife could have called. Nothing. But he goes to the police station to report an incident he's 'sorry' for?

The PCI said that they would collate all evidence, statements, medical records, phone calls , and there may be a chance that they wouldn't have enough to proceed. I had been given the option of community resolution but said no. 

I don't think the police would waste the CPS's time with the evidence if they didn't think they had sufficient evidence,they're already busy enough. I had been told they may not have sufficient evidence, but they obviously have. As for the official caution, I believe if they have passed it to CPS and they don't think that they can win the case an official caution can be issued and he has no option in accepting or refusing?

What's a PCI?

Medical records and phone calls won't add much to your case unless you were on the phone when he assaulted you and a struggle or verbal account was recorded.

They may have incorrectly gone to CPS for a number of reasons. Ignorance and a sergeant being afraid to make a decision are the most common reasons. 

Police Constable Investigator.

Which force is making up its own ranks? All warranted officers should be able to investigate.

janbeno

Sorry, but that's what I was told when they said someone would contact me.

SuzeQStan

@DanDare999 -  please keep it friendly. 

DanDare999

SuzeQStan said:

@DanDare999 -  please keep it friendly. 

@SuzeQStan What have you got a problem with?

 I've said nothing unfriendly about anyone on this thread. 

tetrarch

Just to bing things back to your neighbour for a moment.

I don't know under whar circumstances your neighbour was admitted to a care home but if there is any kind of capacity issue then the Local Authority will have had to have had a DoL (Deprivation of Liberty) assessment. We had this issue with my MiL recently and the Council, to its credit, took this particular issue extremely seriously

The point I am making is that the Council may now now have a statutory obligation to protect your neighbour and their interests. Also, and maybe more significantly, the Council may need/want to protect THEIR interests regarding any care home fees recovery, whether now or in the future

You may therefore have an ally in the Council and speaking to them and voicing your concerns may help you protect everyone's interest.

Regards

Tet

DanDare999

tetrarch said:

Just to bing things back to your neighbour for a moment.

I don't know under whar circumstances your neighbour was admitted to a care home but if there is any kind of capacity issue then the Local Authority will have had to have had a DoL (Deprivation of Liberty) assessment. We had this issue with my MiL recently and the Council, to its credit, took this particular issue extremely seriously

The point I am making is that the Council may now now have a statutory obligation to protect your neighbour and their interests. Also, and maybe more significantly, the Council may need/want to protect THEIR interests regarding any care home fees recovery, whether now or in the future

You may therefore have an ally in the Council and speaking to them and voicing your concerns may help you protect everyone's interest.

Regards

Tet

If the OP has told the police everything and I'm sure they have. The police should have already created a vulnerable adult incident in relation to the neighbour and this should have already been shared amongst the multi agencies. 

SuzeQStan

tetrarch said:

Just to bing things back to your neighbour for a moment.

I don't know under whar circumstances your neighbour was admitted to a care home but if there is any kind of capacity issue then the Local Authority will have had to have had a DoL (Deprivation of Liberty) assessment. We had this issue with my MiL recently and the Council, to its credit, took this particular issue extremely seriously

The point I am making is that the Council may now now have a statutory obligation to protect your neighbour and their interests. Also, and maybe more significantly, the Council may need/want to protect THEIR interests regarding any care home fees recovery, whether now or in the future

You may therefore have an ally in the Council and speaking to them and voicing your concerns may help you protect everyone's interest.

Regards

Tet

@tetrarch -  This is interesting especially with your own experience with MiL but just concerned that OP would come up against confidentiality issues on approach re neighbour w LA. Really would hope that as @DanDare999 says the multi agencies would have been made aware but nothing surprises me nowadays with organisations not talking to one another. 

DanDare999

SuzeQStan said:

tetrarch said:

Just to bing things back to your neighbour for a moment.

I don't know under whar circumstances your neighbour was admitted to a care home but if there is any kind of capacity issue then the Local Authority will have had to have had a DoL (Deprivation of Liberty) assessment. We had this issue with my MiL recently and the Council, to its credit, took this particular issue extremely seriously

The point I am making is that the Council may now now have a statutory obligation to protect your neighbour and their interests. Also, and maybe more significantly, the Council may need/want to protect THEIR interests regarding any care home fees recovery, whether now or in the future

You may therefore have an ally in the Council and speaking to them and voicing your concerns may help you protect everyone's interest.

Regards

Tet

@tetrarch -  This is interesting especially with your own experience with MiL but just concerned that OP would come up against confidentiality issues on approach re neighbour w LA. Really would hope that as @DanDare999 says the multi agencies would have been made aware but nothing surprises me nowadays with organisations not talking to one another. 

They don't even need to talk, it's all done electronically. That's does however mean that the police need to do the job they're paid to do in the first instance. My bet is they haven't but I won't say anymore on the subject as you'll deem it unfriendly.