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'False' Asbo woman wins payout | 'False' Asbo woman wins payout |
(about 10 hours later) | |
A woman given an Anti-social Behaviour order (Asbo) based on false allegations made against her is to be compensated by the council that issued it. | |
Manchester City Council will pay the woman £2,000 for what the Local Government Ombudsman called an "abuse of power of nightmarish proportions". | Manchester City Council will pay the woman £2,000 for what the Local Government Ombudsman called an "abuse of power of nightmarish proportions". |
The ombudsman's report said proper inquiries into the claims would have cast doubt on their veracity. | The ombudsman's report said proper inquiries into the claims would have cast doubt on their veracity. |
The council "fully accepted" the report and has reviewed its practices. | The council "fully accepted" the report and has reviewed its practices. |
Council officers were called in, in June 2004, when a woman known as Miss A complained she was being subjected to anti-social behaviour by her neighbour, Mrs X. | Council officers were called in, in June 2004, when a woman known as Miss A complained she was being subjected to anti-social behaviour by her neighbour, Mrs X. |
We have learnt lessons from the way we dealt with Mrs X in 2004 Deborah McLaughlin,Manchester City Council | We have learnt lessons from the way we dealt with Mrs X in 2004 Deborah McLaughlin,Manchester City Council |
Miss A claimed that as a result of the behaviour, which she alleged included threats of violence, intimidation, verbal abuse and playing music too loudly, she had become ill. | Miss A claimed that as a result of the behaviour, which she alleged included threats of violence, intimidation, verbal abuse and playing music too loudly, she had become ill. |
However, the report revealed there were no attempts to corroborate the claims with either neighbours or the police. | However, the report revealed there were no attempts to corroborate the claims with either neighbours or the police. |
And Mrs X was only made aware of the allegations when she was served court papers for a hearing in December 2004, which led to an interim Asbo being granted. | And Mrs X was only made aware of the allegations when she was served court papers for a hearing in December 2004, which led to an interim Asbo being granted. |
She contested the decision and more than 20 letters were written in her defence, leading to the Asbo being withdrawn, in court, three months later. | She contested the decision and more than 20 letters were written in her defence, leading to the Asbo being withdrawn, in court, three months later. |
Ombudsman Jerry White said: "It is extraordinary that the allegations were never put to Mrs X before the council sought an Asbo against her, at first behind her back and then by serving papers on her just days before a court hearing. | Ombudsman Jerry White said: "It is extraordinary that the allegations were never put to Mrs X before the council sought an Asbo against her, at first behind her back and then by serving papers on her just days before a court hearing. |
"It is extraordinary too that it never sought corroboratory evidence from third parties. | "It is extraordinary too that it never sought corroboratory evidence from third parties. |
"This was an abuse of nightmarish proportions." | "This was an abuse of nightmarish proportions." |
'Convincing evidence' | 'Convincing evidence' |
The council was found guilty of maladministration and told it should review the way in which cases like these are handled. | The council was found guilty of maladministration and told it should review the way in which cases like these are handled. |
Deborah McLaughlin, council director of housing, said the authority "fully accepted the findings" and apologised to Mrs X . | Deborah McLaughlin, council director of housing, said the authority "fully accepted the findings" and apologised to Mrs X . |
"We have learnt lessons from the way we dealt with Mrs X in 2004. In 2005 we fully reviewed our procedures," she said. | "We have learnt lessons from the way we dealt with Mrs X in 2004. In 2005 we fully reviewed our procedures," she said. |
"[But] we should also point out that our initial application for an anti-social order was confirmed by the court in the face of convincing evidence and was not something carried out in isolation by our officers." | "[But] we should also point out that our initial application for an anti-social order was confirmed by the court in the face of convincing evidence and was not something carried out in isolation by our officers." |
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