Failed By Legal System

I addition to people mentioned elsewhere on this website) who failed me, a multitude of legal firms I've sought help from over the years have also utterly failed to ensure people were brought to book for crime and abuse that severely damaged my life.

This section highlights various rights I've been denied, and laws the legal profession should have used ensure criminal behaviour was dealt with.

It is in the public interest to serve deterrents against those who have damaged my life, and I should clearly have been supported by the legal profession, but for 15 years I've been utterly failed by them.

In This section:

• Right To Justice Without Delay
• Legal Duty Of Government To Uphold Rights
• Prohibition Of Torture
• Psychiatric Injury - Evidence Of A Serious Crime

Right To Justice Without Delay

Article 29 of Magna Carta is quoted in a Supreme Court Ruling as containing amongst the most longstanding and fundamental rights that UK citizens have. (See paragraph 98)

At the end of Article 29 it states:  "... to none will we deny, to none will we delay right or justice.”

Clearly the highest court in the UK considers it a fundamental right not to have justice delayed or denied.

By failing to help me, the legal profession has persistently denied me this right for over 15 years, and the resulting damage to my life is astronomical!!

Legal Duty Of Government To Uphold Rights

The Government has also failed me as it has a legally binding duty to uphold people's rights and can be sued for damages if it fails. The following reasoning demonstrates this.

In simple terms, the existence of a "Right" implies there must also be someone or a group with a duty to uphold that "Right". You can't have a "Right" unless there is someone responsible for upholding it.

In law:

• Hohfeldian Analysis shows that ‘Duty’ and ‘Right’ are correlative terms.
• A right can be enforced by a lawsuit against the person who has the correlative duty

The responsibility of Governments to uphold the rights of citizens is not in doubt.

The evidence and reasoning I've presented on this website is evidence that the Government has significantly failed to uphold various important rights, and I thus have a valid claim against the Government for damages.

Prohibition Of Torture

UK citizens are protected from exposure to torture by the Human Rights Act 1998 - Article 3

• Prohibition of torture and inhuman or degrading treatment is an absolute right which means no one has the power to remove this right under any circumstances.

Further details can be found on the following page: Evidence Of Torture

The Government have persistently failed to uphold this right and the legal profession has left me exposed to over a decade illegal psychological torture.

Psychiatric Injury - Evidence Of A Serious Crime

Here I present evidence and reasoning that I suffered a psychiatric injury as a result of my neighbours behaviour while I was trying to raise a young family, and that those responsible should have been prosecuted for what amounted to a serious crime.

For 16 years now, I've been failed by the legal system and received no help from them in serving a deterrent against, or recovering damages from those whose behaviour and negligence contributed to my injury.

There is clearly plenty of legislation applicable to the situation that occurred, but due to an utter lack of legal support very significant additional and unnecessary harm and suffering has resulted.  

Psychiatric injuries can be evidence a person has become the victim of serious crime as can be seen in the following references:

• Non-Fatal Offences Against The Person (Injuries and their seriousness)
• Non-Fatal Offences Against The Person (Summary)

Relevant areas of law applicable to violent incidents that resulted in my psychiatric injury are:

• Actual Bodily Harm (ABH)
  • "intentional or reckless assault of another causing Actual Bodily Harm"
  • s.47 Offences Against the Person Act 1861
• Grievous Bodily Harm (GBH)
  • "really serious harm, not necessarily permanent or dangerous, no assault necessary"
  • s.18 Offences Against the Person Act 1861
  • s.20 Offences Against the Person Act 1861

The following references provide further guidance:

• CPS Guidelines
  • s47:

The court stated that in ordinary language, “harm” is not limited to “injury” but extended to hurt or damage, and that “bodily”, whether used as an adjective or an adverb, is “concerned with the body” and not limited to skin, flesh and bones. “Actual”, as defined in the authorities, means that the bodily harm should not be as trivial or trifling as to be effectively without significance

• • s20: 
    • There is no necessity for an assault to have been committed before there could be an infliction of GBH.
    • In deciding whether injuries are grievous, an assessment has to be made of, amongst other things, the effect of the harm on the particular individual
      • The fact I was raising a very young family and due the injury I suffered, my marriage broke down and I was no longer able to financially support my family made the injury very serious.
    • The prosecution must prove under section 20 that either the defendant intended, or actually foresaw, that the act might cause some harm.
    • It is not necessary to prove that the defendant either intended or foresaw that the unlawful act might cause physical harm of the gravity described in section 20
  • s18:
    • A person ‘intends’ to cause a result if he/she consciously acts in order to bring it about. Factors that may indicate specific intent include a repeated or planned attack
      • The repeated nature of the attacks I suffered should raise the question at to whether there was intent to harm my mind. There were three violent attempt to force entry to my house -  my neighbours son would surely have foreseen that his behaviour would cause me to fear for my safety, and of being violently attacked by him if my front door had given way.
      • It would be obvious to the average person that the mind of a victim may suffer significant harm from such attacks especially if they happened repeatedly and in addition to other relentless antisocial behaviour, (eg causing the parents of very young children such stress that their relationship broke down thus damaging the lives of their children, affect the ability of the the parents to do their job and thus feed, clothe,  and provide a roof over the heads of their family, or subsequently cause them to suffer from nightmares about such attacks)
•  
  • The three attempts to violently force entry to my house while I was inside, and the incident where my kitchen window was bricked caused me to 

• Blackstone's Criminal Practice (2019)
  • At B2.60:
    • The grievous harm; "it may be physical or psychiatric" (Ireland [1998] AC 147)
    • "in determining it's seriousness account must be taken of it's effect on the individual victim" (Golding [2014] EWCA Crim 889)
    • "A number of individually minor injuries may collectively be considered grievous" (Birmingham [2002] EWCA Crim 2608)"
      • One antisocial incident after another for years on end resulted in a significant level of cumulative psychological harm that left me unable to work and caused my marriage to break down. As I was raising young children at the time, this harm was very serious and should be considered grievous.
  • At B2.61:
    • "Grievous Bodily Harm within the meaning of s.20 could be inflicted by means of menacing telephone calls which gave rise to serious psychiatric injury, whether or not the injury was caused by fear of imminent physical attack." 
      • It stands to reason that if menacing phone calls are capable of causing a serious s.20 psychiatric injury, so too is the years of abuse and Violent Crime I suffered at the hands of my neighbours.

Having established that a psychiatric injury can constitute a serious criminal offence, I will now establish that I suffered such an injury.

Page v Smith (e-lawresources.co.uk)

Dulieu v White (e-lawresources.co.uk)

cp137.pdf (lawcom.gov.uk)

2023 ICD-10-CM Diagnosis Code Y07: Perpetrator of assault, maltreatment and neglect (icd10data.com)

ICD-10-CM Guidelines April 1 2023 FY23 (cms.gov)

20. Chapter 20: External Causes of Morbidity (V00-Y99)

Page 88:

g. Child and Adult Abuse Guideline
Adult and child abuse, neglect and maltreatment are classified as assault. Any of
the assault codes may be used to indicate the external cause of any injury
resulting from the confirmed abuse.
For confirmed cases of abuse, neglect and maltreatment, when the perpetrator is
known, a code from Y07, Perpetrator of maltreatment and neglect, should
accompany any other assault codes.
See Section I.C.19. Adult and child abuse, neglect and other maltreatment

ICD-10 Code for Perpetrator of assault, maltreatment and neglect- Y07- Codify by AAPC

ICD-10 Code for Healthcare provider, perpetrator of maltreatment and neglect- Y07.52- Codify by AAPC

Assault By Neighbours Son In December 2009

The photo on the Violent Crime page showing the injury to my face and hand after being punched by my neighbours son was a violent assault and the police I reported it to should have ensured I received appropriate legal support in serving a deterrent against my neighbour.

Numerous firms of lawyers I've sought help from have failed to make any attempt to help me bring my neighbour to book for his assault on me in 2009 that resulted in the injuries shown in the photo on the Violent Crime page. (The police I reported it to at the time also failed to take any action)

Assault is defined as:

• "Any act that intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence"
• s.39 Criminal Justice Act 1988

CPS Guidelines give further information about this offence.

Blackstone's Criminal Practice is a primary legal reference used by judges and lawyers states:

• In Blackstone's Criminal Practice (2019) At B2.60

"A number of individually minor injuries may collectively be considered grievous (Birmingham [2002] EWCA Crim 2608)"

The effect of my neighbours son's behaviour over many years, and the cumulative harm it inflicted on my mind should therefore be noted and used to support a case for Grievous Bodily Harm, (GBH).

Prior to encountering these neighbours, there was no prior problems with my mental health as can be seen on the My Good Character page. The state I ended up and the damage this resulted in by the time of my divorce in 2011 is evidence of the serious harm my neighbours behaviour inflicted.

It would be negligent of any judge to look solely at isolated incidents and fail to recognise the cumulative harm that was inflicted over a number of years.