Accused of drug use in my own home?!! ***Resolved***

[jackieandwayne]

i HOPE I am posting in the right section.

 

My hubbie is a secure council tenant and has been for 20 years. He has always lived here, never had a problem with anyone. I have been here for ten of those years with him.

 

25 February 2016, our boiler went west, so we had to have the gas contractor out. On the same morning I had to go the MRI scanner at the hospital at 8am, so we arranged for him to call at about 10.30am when we knew we would be home.

 

He duly arrived. We´d only been in a few minutes. I was sat on the edge of my settee drinking a cuppa, my hubbie was by the man´s side in the boiler cupboard discussing what the problem was. It was agreed the Baxi man had to come the next day, boiler being under guarantee. Again, no problem, I am unwell, but not incapable, so stayed in for Baxi man. All done the next day, no problem.

 

Fast forward two weeks. A letter arrived for hubbie. When he opened it, he thought someone was having a joke. It is a first warning letter, from a housing officer he has never met, who has never been here or ever spoken to us. It is saying that on 25 February 2016, we were "smoking cannabis" during his visit, She says "looking back at your file, on the balance of probabilities I think it is very likely that this incident has taken place and that I have evidence enough to the standard of proof required by the County Court!" Well gobsmacked hardly covers it!

 

We have made an SAR (were told 20 days ago it was 18 quid ((I know its 10)) and just received a call today to confirm that this is now being done and to pay the 10 fee.

 

We have arranged for this HO to visit us tomorrow at 12 noon, because this simply is not true and we do not accept any written warning!

 

The facts are that neither of us smoke, not even cigarettes, but I used to many years ago and I have just paid the price of that by undergoing a horrible vascular bypass to my right leg. All through this time I have been fizzing and worrying over this false accusation, the way the letter was worded, and the way a tradesman can make a false accusation like that and cause untold problems. I am, I admit, a bit touchy on the subject of smoking, because of what I just been through. I think its also fair to say that a slight set back in my recovery has been caused by all this unnecessary stress and worry. (Get niggled, pull stitches etc)

 

When the original letter came, hubby wrote to the gas engineer´s company and made an official complaint. He took it in by hand, gave it to the female manager, stood there whilst she read it at her invitation, and then was forcibly escorted from the premises by a large male colleague who stated it was all a load of rubbish and the Council were dealing with it, and he had to leave to premises! Of course, we have had no response from this firm.

 

Could anyone offer me some advice about this? I mean, do we just lay down and take it? We haven´t done anything of the sort, and we believe this to be malicious on the part of the gas engineer. We have since learnt that three other tenants in our road have had to ask that he does not visit their premises again for various reasons. We have insisted he does not come here again.

 

Normally I would be able to throw serious punches in this sort of thing, but I am very unwell at the moment. What I want is a meaningful written apology for this, and an assurance that we will not be harrassed in this way again. They´ve chosen their time haven´t they? When I am practically our for the count so to speak!

 

Any advice about what to say tomorrow in addition to a point blank denial would be very welcome.

[citizenB]

This is shocking - I will try and find someone who can help.

[citizenB]

Would you be able to obtain statements from those people who have asked for the engineer not to visit their homes again ?

[jackieandwayne]

Oh yes, no problem, they said just to ring them if need be when" Madam" is here and they will gladly tell her. They have all had to request the man doesn´t come, so the company will have a record of this (we hope!). I do know that one of them who has a pristine flat as she has OCD listened to him running down other tenants in our road for having dirty flats etc (not true) and then decided this was out of order and complained.

 

Thought you had left, glad to see it was only a rumour!

[citizenB]

I will be seeing the last newsletter out and will be MIA from April 1st, sadly not a rumour

[citizenB]

Back to your situation, it is hard to believe this can happen - we hear quite a few people mention they have been maliciously accused of something. If this has happened previously with the same engineer, the Council needs to do something and swiftly. You mention that your OH is a secure tenant and I wonder if that might not have something to do with this as this type of tenancy is being phased out isn't it ?

 

 

Site team are aware and hopefully either they or other caggers will be able to help before your meeting.

 

 

I wish you a speedy recovery.

[jackieandwayne]

Thank you CB - gonna miss you big time.

[jackieandwayne]

I don´t believe they can take away a secure tenancy that has already been granted. I believe they will only give out introductory tenancies or some such thing, assured shortholds maybe. No security. However, the danger here is that this female could apply to have our tenancy demoted! We were just about to apply for the Right to Buy, and if our tenancy was demoted we would lose that right.

[Sparks_]

could you get tested to show you dont use drugs?

[jackieandwayne]

LOL yes I´m sure I could, I reckon my GP would do this for me. I´ m 54 years old for goodness sake! Mind you, you should see the bag of drugs the hospital sent me home with. Seriously, I reckon if I went and told my GP what had been going on, in view of the treatment I just had, I reckon he´d be rather angry about the accusations.

[king12345]

Agree, you should tell the council dictator that unless they destroy that allegation and apologise in writing you will both get tested and then bill the council for the expenses.

If this is a trick to demote your tenancy, you'll have to fight it in very strong terms.

Make sure that you video record the meeting, otherwise you will find that you have admitted smoking dope to a council official.

[jackieandwayne]

Thank you King, yep, we´ll be recording it alright. I´m blooming livid about this if onlu me leg would let me hop up and down!

[citizenB]

She says "looking back at your file, on the balance of probabilities I think it is very likely that this incident has taken place and that I have evidence enough to the standard of proof required by the county court!"

 

 

Is there any chance that they could have got your records mixed up with someone else's ? Because the impression given above is that there is something on file that would give a reason for her to believe that this has occurred ?

 

Evidence surely would mean that they have some of the "drug" that you were supposed to have been using/smoking ?

[Bazooka Boo]

Who is this local authority?

 

Keep a diary of events, and names of everyone you discuss this matter with.

 

What is the name of the company they use?

 

If you can't video record it, then the next best thing to do is audio record it, in fact that would be my preferred method, as it won't be so obvious and they won't be so conscious about it.

 

All of your local councillors and MP need to be made aware of this defamation, someone at the LA needs to take action and this outfit needs to lose their contract to supply boiler services, if this is how their employees behave, if you can get the name of the complainant then you can take legal action against them.

[jackieandwayne]

It is possible I suppose, but unlikely. And the evidence she has will be the statement of this vile individual who told the lies.

[citizenB]

It is possible I suppose, but unlikely. And the evidence she has will be the statement of this vile individual who told the lies.

 

 

IMHO, armed with witness statements from neighbours and perhaps even a note from your GP confirming that you don't smoke/take drugs and I would think you would then have sufficient to get them to apologise and do something about this creep.

 

 

Again IMHO, if anyone has reason to take court action, it would be you for the malicious lies.

[Bazooka Boo]

It is possible I suppose, but unlikely. And the evidence she has will be the statement of this vile individual who told the lies.

 

Just let them know in no uncertain terms, that you hold the council ultimately responsible for this false accusation and you fully intend to make them answer for the actions and false accusations made by THEIR employees.

 

Let them know that this is a formal complaint, and will be treated as such, and you intend on taking this to the LGO (Local Government Ombudsman)

and will be seeking legal advice, with a view of taking legal action against the individual, or should they fail to disclose the name of the complainant, you will take action against the council.

Edited March 29, 2016 by Bazooka Boo
Terrible spelling!!

[jackieandwayne]

Its good old Poole Council, that is Poole Housing Partnership. The gas engineers are xxx. I do have the name of the individual concerned. It will be an audio recording, not actually video. Do I need to tell them I am recording the meeting?

 

As far as notifying local councillors, do you know, you have given me an idea. A few years ago I had to prevent one of my mentally ill neighbours being evicted by the council for things that he couldn´t possibly have done. One of the local councillors was in and out of here for a few weeks, helping out. If I had been smoking anything she would have seen it. Well, I´m just going to e-mail her now, she was a very nice lady. I voted for her, so lets see if she can help us out now.

Edited March 29, 2016 by honeybee13
Name of gas engineers removed.

[jackieandwayne]

Thank you Bazooka Boo, I can feel my fighting spirit coming back a bit now, but that could be the pain relief kicking in lol! I´m noting all that is said on here and making some notes. I shall let her say her piece, and if it is not an apology to be followed up in writing, then yes, I will make it a formal complaint, and I will go to the Ombudsman. And she will be told this, very politely indeed.

[Bazooka Boo]

Well I'm only up the road I guess, you should see the cesspit that is our council, Portsmouth!

 

Send that email, this is exactly what they are there for, they serve us, but that little piece of information is lost on the Tory run council here, they feather their own nest at the detriment to the rest of the city, I don't see why you should inform them that you're recording the meeting, if they're coming to you, then they should assume that you will be recording it somehow, I routinely record meetings I have with officials, especially the council, then if there is a dispute later on, then you can refer them to the recording, you are doing nothing wrong as it is for your own use, so they can't try and pull that stunt.

 

IMO I'd just have a phone, or dictaphone recording when they come in in a discreet place where you know the conversation will be picked up easily.

 

I'd want more than an apology too!, not just from the council, but I'd want assurances that this outfit loses their contract with the council, and never steps foot on your property again, and that they send you a written apology, and a nice bunch of flowers or you will send your story to the local press/media.

 

I'm about to do some digging on Google, and see if they flag up anywhere?

[BazzaS]

At the moment it is your word against theirs. What you need is evidence.

 

Offer to undergo drug testing : urine will show recent usage, hair will show longer term.

 

You could make them "put their money where their mouth is ; Suggest you'll pay for it initially, on proviso they agree in writing they'll refund you when it is negative!

 

 

If neither of you smoke : see if the nurse at your GP's (or a smoking cessation service) has a carbon monoxide monitor, that would show you haven't smoked in the past few days.

[Andyorch]

Bazooka Boo I have had to unapprove your post......lets keep this on the HA...not the Gas engineer...he is irrelevant.

 

Regards

 

Andy

[jackieandwayne]

Thank you to everyone for all your comments and good advice. (Just been for a little stroll around the block on one foot lol it was a good calming down trip, and it has to be done however painful it is),

 

I have noted all your advice, and will post up tomorrow to let you know the outcome, which I fully expect to be an apology, followed up in writing, otherwise I will go to my GP for drug testing with Wayne, and yes, they will pay cos if they don´t I´ll put in a small claims!

 

And I have to say, please will someone nail CB´s feet to the floor to stop her leaving!

[stu007]

This is shocking so a report was obviously made to the council housing by the contractor and the council housings way of investigating it is to sit at a desk open your housing file and be judge and jury and accuse you with no proper investigation.

 

As this is Council Housing you need to follow the Housings Complaints Procedure to the end stage and if still not satisfied you may then approach the Housing Ombudsman:

http://www.yourphp.org.uk/complaints/

 

You need to make this a FORMAL COMPLAINT in writing to the council housing (keep everything in writing from now as you need to keep a good paper trail and ensure to get free proof of posting from the post office)

 

Further to your letter dated XX/XX/XXXX in which you issue a First Warning Letter to the Tenant of (insert property address) for "smoking cannabis".

 

As the said Tenant the warning has been issued to without a proper investigation and accused of "smoking cannabis" is a serious accusation to make and one which I must therefore DISPUTE until a proper investigation with all the facts to hand which so far I have been presented with none.

 

1. When did this incident take place?

2. How was this incident reported?

3. Who was the investigating housing officer for the incident?

4. What investigation into this incident did the Housing Officer carrying out and how many hours?

5. When is the accused Tenant given the opportunity to defend themselves against an allegation?

 

You also require copies of the following

 

1. Complaints Policy.

2. Customer Care Standards/Policy.

3. Anti Social Behavior Policy.

4. Copies of the evidenced used.

[jackieandwayne]

Stu007, thank you. You area a double diamond. I shall see what happens tomorrow and if I dont like it , then now I have a clear way forward.