Where does she stand?

Mariolanza

A friend was sexually assaulted by a man with bipolar problems. 
They both live in a housing association. 
Management have said he didn't mean to do it and dismissing the fact because of his bipolar.
It was caught on the schemes CCTV.
Does she have the right to ask for a copy of the footage as the man's carer were allowed
to see it, but not her?
She has filed it with the police who don't seem to be interested. 
Thanks

Brie

Men have been saying they didn't mean it forever.  Or other excuses.  I would suggest she get a local women's group, violence against women group involved.  And if someone is quoting data protection that's a crock as she's on the tape so she has a right to see what she was doing.  

eskbanker

Mariolanza said:

A friend was sexually assaulted by a man with bipolar problems. 
They both live in a housing association. 
Management have said he didn't mean to do it and dismissing the fact because of his bipolar.
It was caught on the schemes CCTV.
Does she have the right to ask for a copy of the footage as the man's carer were allowed
to see it, but not her?
She has filed it with the police who don't seem to be interested. 

Not interested in the reported crime itself, or just not demonstrating enthusiasm for discussing CCTV?

What responsibility do the management claim to hold for investigating crime?

elsien

If the police aren’t taking it seriously then make a complaint.
Make a subject access request for the CCTV. if you are in it, then you have the right to see it but you probably need to request it formally in writing. 

A bipolar diagnosis in and of itself does not mean that people don’t know what they’re doing or that they shouldn’t be responsible for their actions.

Jenni_D

I'm not sure Consumer Rights is the best section for an issue such as this, but I also can't say which would be better.

I hope your friend gets a proper resolution ... a "diagnosis" should never be an excuse.

Mariolanza

Thank you all. I will pass on your comments to her. 
I didn't really know which section to use. 

eskbanker

elsien said:

Make a subject access request for the CCTV. if you are in it, then you have the right to see it but you probably need to request it formally in writing. 

Unfortunately there are potentially issues if there are others shown, which would obviously be expected here:

The CCTV owner might not be allowed to share any footage if:

• other people can be seen in it
• they’re not able to edit out people to protect their identity

https://www.gov.uk/request-cctv-footage-of-yourself

although obviously they shouldn't have shared it already.

It should be impressed on the police that there's video evidence of a crime, which may be automatically be deleted after a certain period of time unless secured, so it's vital to get it ring-fenced asap - even if the management are reluctant to share footage with the victim, they won't have any choice about complying with a police request.

Mariolanza

eskbanker said:

elsien said:

Make a subject access request for the CCTV. if you are in it, then you have the right to see it but you probably need to request it formally in writing. 

Unfortunately there are potentially issues if there are others shown, which would obviously be expected here:

The CCTV owner might not be allowed to share any footage if:

• other people can be seen in it
• they’re not able to edit out people to protect their identity

https://www.gov.uk/request-cctv-footage-of-yourself

although obviously they shouldn't have shared it already.

It should be impressed on the police that there's video evidence of a crime, which may be automatically be deleted after a certain period of time unless secured, so it's vital to get it ring-fenced asap - even if the management are reluctant to share footage with the victim, they won't have any choice about complying with a police request.

The carers have requested to see the CCTV footage.  The only people in the video are my friend and het husband plus  the accused.  The carers are protecting the accused saying he doesn't know he has done wrong and has mental issues.  Therefore they say he is not responsible for his actions. I believe this is wrong for her!

user1977

I don't see what the relevance is of the carers' opinion about it. Either he's responsible for his actions or he isn't (and if he isn't, I don't think his neighbours need to tolerate him carrying out sexual assaults, even if it's involuntary from his point of view).

QrizB

user1977 said:

I don't see what the relevance is of the carers' opinion about it.

Agreed. It's for the courts to decide whether he's criminally responsible, not for his carers.

Okell

I used to work for a NHS mental health trust which had a Regional Secure Unit.  (ie accommodated patients with mental health diagnoses who were subject to the criminal justice system)

Unless the perpetrator's carers or housing association managers are qualified forensic psychiatrists they have no say in determining whether the perpetrator is responsible for his actions or not. 

Having a bipolar condition does not necessarily mean that someone is not responsible for their actions.

For example, if someone has decided not to take their medication they could be responsible for anything resulting fform that decision.

Press management again for CCTV footage and press the police to take seriously this allegation of violence against a woman.

NB - so far as I'm aware GDPR does not apply in the case of criminal offences.  Imagine a case where corroboratory evidence was CCTV footage of the accused committing the alleged offence.  Do you think such evidence would not be allowed on GDPR grounds?  Of course not!

Tell the police to get this sorted