BETWEEN:

SOUTH STAFFORDSHIRE HOUSING ASSOCIATION
Claimant

-and-

BERNARD O'MAHONEY
Defendant

PARTICULARS OF CLAIM

1
The Claimant is a registered social landlord and is the freehold owner of the Defendant's mother's property situate at Wolverhampton. The Defendant's mother, Mrs O'Mahoney resides at the property by virtue of an assured tenancy with preserved rights which commenced on 25 May 1992. The Defendant is a regular visitor to his mother's property but is not the Claimant's tenant.

2
The Defendant has caused a nuisance and annoyance to the Claimant's employees by reason of his threatening and aggressive behaviour on 6 August 2004. The Claimant's employee has had cause to fear for his own and his family's safety. The Claimant has been informed by the Police to close the public reception and has ceased all work in ******. This clearly has directly affected the Claimant's housing management functions.

3
The Defendant has behaved as follows:

PARTICULARS

3.1
On Friday, 6 August 2004, at 2.25pm, a call was received by the Claimant's Customer Service Centre for Ian Sheldon, who is employed by the Claimant as a Technical Officer (Grounds Maintenance). The call was transferred to voicemail in his absence.

3.2
A second call was received on the same day at 3pm. The telephone call was received by a Technical Officer (Repairs) employed by the Claimant. The individual telephoning the Claimant Association asked for Ian Sheldon. He was informed the offices were closed until Monday. He asked if Ian Sheldon was the one that lived at Moat Brook Avenue, Codsall. The Technical Officer informed the individual that he was on emergency repairs and he did not know where any staff member lived. The call was ended.

3.3
On Monday, 9 August 2004, at 7.55am, Ian Sheldon received the following voicemail message "Hi Sheldon, my mother Ann O'Mahoney lives at Wolverhampton. I'm Bernard O'Mahoney, telephone number 07732 4976592. You've been to my mother's garden today, cut down plants, been sarcastic to her about a complaint she's made to the Council. She's 70 odd years of age, I'm going to come up to Codsall. I'm going to bust every bone in your body, then I'm going to drag you into the street and kick you 'till you're unrecognisable. Okay. Ring the Police, let them hear this message, I'm coming for you boy, you do not fucking threaten my 70 year old woman you piece of fucking shit, right. 07734975692. I'm going to ruin you, fucking ruin you, you fucking wanker".

3.4
The Claimant immediately notified the Police who advised the Claimant that they would contact the Defendant pursuant to the threat. The Defendant has informed the Police that he has no objection to the Claimant seeking an Injunction against him. On the advice of the Police, Ian Sheldon's family have been advised to stay away from their home as much as possible until an Injunction is obtained. The Police will immediately respond to any telephone call from either Ian Sheldon's home or the Association's premises.

3.5
The Claimant has had to close the public reception of their registered office and all work at Bakers Gardens where the Defendant's mother resides, has been suspended.

4
The Claimant is concerned that unless restrained by this Honourable Court, the Defendant will continue to behave in an unacceptable manner by threatening the Claimant's staff and this will continue to have a direct affect on the Claimant's housing management function.

5
The Claimant seeks a Power of Arrest to be attached to the Injunction on the basis that the Defendant has threatened actual violence and there is a significant risk of harm given the Defendant's history which is known to the Police. He is more than capable of carrying out his threats. The Claimant seeks to apply for an Injunction without notice to the Defendant even though the Defendant has shown an agreement to an Injunction being made against him. This is on the basis that there is an urgent need to obtain an Injunction so the Claimant's housing management functions can be restored to normal. Presently, the Claimant is unable to ensure the safety and well being of its employees when they visit the Defendant's mother's address and indeed, ensure safety at the Claimant's own premises and reception area. The Claimant must be seen to be acting as a responsible social landlord and employer.

AND THE CLAIMANT CLAIMS:

1
An Injunction in the terms of the attached Order pursuant to Section 153A. The Claimant further seeks a Power of Arrest to be attached pursuant to Section 153C of the Housing Act 1996 as amended by the Anti-Social Behaviour Act 2003.

2
Costs of the application.

3
Any other Order.

STATEMENT OF TRUTH
I believe that the facts stated in this Particulars of Claim are true.
Full Name: Sue Rowley Position: Director of Operations