ABH for psychological injury

[traumatised]

How successfully can prosecutions for psychological assault be brought? I understand that it is possible to prosecute for ABH for psychological injury.

I was a deputy head in a school. While I was away on sick leave another deputy made malicious allegations against me to cover a massive mistake that had been made by him and the Head. To stop me defending myself, they mislead other staff by lying to them (I have evidence of this), fabricated evidence against me (I can prove this too) and destroyed evidence I would have used in my defence (again, provable with photographs and if the police can access back-up electronic files on the county server).

The shock of this has caused post-traumatic stress disorder and I will never be able to go near a school again, after a successful 30 year career. I was judged too ill to be able to defend this through an employment tribunal at the time and my union arranged for me to be paid off.

What would I have to do to persuade the police to take this seriously? I know it sounds far-fetched and difficult to believe, but it is absolutely the truth and I can prove it.

[DLawson]

Assault occasioning actual bodily harm comes under Offences against the Person Act 1861 s.47 and the maximum sentence is 5 years. It is a serious offence and I have never heard of someone being convicted in circumstances such as yours. The police would be more likely to take you seriously if you reported it as harassment. The employment tribunal was the right way to go and perhaps there is a case for libel, however, since this has already been a very stressful experience for you I hope you move on with your life and look after yourself. You can see sentences for ABH on http://www.thelawpages.com

[traumatised]

Thank you for your prompt and detailed response. It is difficult to know what to do for the best. I should have had another 10 years of a successful and happy career left. Not only have I lost that, I will have lost 10 years of salary and my pension contributions and had my health wrecked.

It seems so terribly unfair for people who are supposed to be respected role-models in our society to get away with corruption of this kind.

[bednobs]

i am not a law persn, but i just had a thought - isnt abh Actual BODILY harm?

[cassa333]

What was the findings of the tribunal? as this would seem to be the basis for any (probably private) prosecution. But not for ABH.

Was a fraud perpitrated?

If the tribunal found in your favour what happened to the two people concerned?

[traumatised]

Hi all

ABH is actually Bodily harm. However, it is my understanding that precedent was set a few years ago and that 'bodily' now includes serious psychological injury beyond normal distress and fear. If a colleague had attacked me with a baseball bat so that I could never work again, the effect would be the same as colleagues deliberately lying to save their own necks, believing I would be expendable.

In answer to the tribunal question, my case never got as far as one because occupational health judged that I had become too ill to attend a hearing. My union negotiated a pay-off, which is not what I wanted but I was not well enough to do anything else. Unfortunately it gags me and prevents me from going to a tribunal for constructive dismissal.

[cassa333]

What do you want then?

More compensation? Them to 'get what they deserve'? Something to make you feel better?

If you have proof that they lied to cover up their mistake then pack it all up and send a copy to your local councilers, MPs, secretary for education etc etc etc as I don't think you are going to have any luck otherwise.

At the end of the day sh!t happenes and sometimes it isn't nice but we have to get on with life all the same.

I won't give you my oppinion on PTSD for a bit of slagging off. You probably won't like it.

[traumatised]

What do I want? "For them to get what they deserve" is about right.

I know that we read daily of cases of corruption involving people in authority, be they senior police officers, politicians, judges or, as in this case, Headteachers. It doesn't make it right, though and it doesn't mean we should accept it. I happen to believe that we should be able to rely on such people to set standards to which the rest of us should be able to aspire. Are you happy to think that such people are taking a lead in our society? I am not.

I know that "**** happens". It happens every day to millions of others who also do not deserve it. But that is also no reason to shrug our shoulders, say "Oh well..." and forget it. I don't want to live in a country that takes that attitude. This particular pile is personal and has touched me. Therefore I would like to do something about it, if the law allows me to do so. I have been paid the equivalent of about 6 months salary, then I have nothing. I am too young to take my pension. I have been robbed of over half a million pounds of salary for the next ten years, plus the related pension contributions.

I am not getting into any debate about the definition or diagnosis of ptsd. I am well aware of the definitions, as is the consultant psychiatrist who has diagnosed it.

[monkeywiener]

so what do you want to know exactly?

[jno]

sounds like you have the foundations of a strong libel case, but you have to bring those yourself, the police don't do it. (There is a thing called criminal libel, for libels so bad they might cause a breach of the peace, I think, but this is almost never used.)

[Barmaid]

I do not think your remedy lies with the criminal law. I think your remedy lies with a personal injury claim against your employers. It will, however, depend on the terms of the settlement you reached.

My advice would be to seek the services of a PI lawyer who has a speciality in stress/employment claims (I think the Association of Personal Injury Lawyers should have a list).

This said, damages for psychological injury are notoriously difficult (although nonetheless just as debilitating).

Your case is extremely complicated and thus I would recommend appropriate professional advice.

[traumatised]

jno, thank you for the suggestion about libel. I have just checked that out and it does seem to fit the bill. I thought libel was for celebrities defamed in tabloids!

[helpmetoo]

nice no work if you can get it,

thats life, move on.

[DLawson]

You are right about abh covering purely psychological injury and there's a recent case here: http://www.thelawpages.com/sentencing/view_sen tence.php?id=1866&mode=1 but as you'll see this is an extreme case (the perpetrator got 4yrs)!

[traumatised]

Thank you to all for your helpful and informative answers. As you may imagine, this is not typical of the kinds of cases that teaching unions deal with on a regular basis and there is a sense in which we are all feeling our way with it.

I am grateful for the reference to case law on psych injury for ABH. It may well be that the civil route is the one we shall continue to pursue, although it would certainly give me greater closure to know that the criminal law acknowledged the wrong-doing of these people.

[aguillar]

In June July 1994 I was on a self funded holiday to Spain with my own car, my own petrol, tax and insurance with ferry tickets paid for by myself.
With me was (unknown to me) the daughter of a criminal embezzler and bankrupt.
She did not pay me for ferry ticket in advance as agreed and objected and refused to pay for her share of the petrol getting there.
Unknown to me she was suffering from Type I diabetes in temperatures of 39-41 Celsius.
Had she been diagnosed before travelling and refusing to take medication or was the medication she had being used wrongly ?
Alternatively if she had not been diagnosed was she aware of the condition?
A first aid pack which left UK returned with a full set of Hypodermic Needles from Boots? Why. I have no need in my mediacl history for them.

This woman who attempted to freeload from me was from a classic dysfuctional family life, her criminal father was divorced in when she was 10 years and her mother was pregnant to another man with a criminal record for theft when she was 12. She had been living in a housing executive house with two bedrooms until age 16 (?). By 1995 The thief was exposed in Sunday Life Newspaper as Builder from Hell after a series of building site related frauds.
A contact escorted the "woman" to a hospital where she distinctly heard her declare "I have to inform you I am a Type I diabetic".

Now since the "woman in question attempted to allege rape while in Spain (ie that I attempted to rape her) I refused to share a tent with her or go anywhere near her.
She was forced to return home by plane from Santander or Bilbao.

Now she subsequently made over 304 separate allegations of sexual harassment. against me at Queens University Belfast in 1994.

[aguillar]

I was threatened by the QUB Equal Oportunities Officer (A thug) that if I didnt reveal what went on in Spain in my own free time on a self funded holiday he would ensure "proper process"
His request was even more bizzarre since the QUB EO Policy document which I was supposed to have read in June was not printed until October 1994.
Perhaps the fact I am a Protestant and he was a Roman Catholic has major implications.
In fact the accusers father had married a Roman Catholic in 1988 and then targetted her deliberately fleecing her of her life savings until her house was repossessed.
Clearly the QUB EO Manager believed he was stitching up a Protestant on behalf of a fellow Roman Catholic.

I was forced from University in a process which I beleive is a premeditated sexually motivated criminal act which has caused me severe traumatic psychological trauma.

I want to know if there is a way I can complain to UK Police or take a civil action against these sexually motivated thugs.

It was proved that on the day she was flying home from Bilbao over the Channel to Heathrow that the allegatios continued. Unfortunately I was 500 km away and 35000 ft lower .

[aguillar]

I disproved over 303 allegations beyond all reasonable doubt and fully admit that I discovered her faecally soiled leggings and knickers in my own personal cooking pot.

Naturally I had every right to discard them and fro this I was found guilty of sexually motivated harassment.

My personal observations of her condition has been proved correct. ie sweating profusely, disorientated, unable to concentrate, unreasonable unquenchable thirsts, lack of hunger, nausea, white fungal infections around fingers and toes, pyrexia, fainting and shivering fits.
Some may be associated with any possible medication.

She also had diahorrea for which she stole my diarrohoea tablets which contained 125 mg diamorphine (heroin).The diamorphine is likely to cause hallucinations in itself, two together may produce an increased effect as well as constipation.
However when the effect wears off a sudden bout of diarrohoea may return hence the soiled underwear.
I state this confidently because I have in my possession a signed letter from her stating "PS I had an attack of the ***** this morning" to corroborate this.

This woman is now a Solicitor in England so I await any legal challenge to my facts.

If you have any suggestions please contact me [email protected]