Taking legal action following harassment within the family
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What to do if you're being harassed by a family member
Mark and his family faced severe, prolonged harassment from within the extended family, prompting a consultation to discuss their legal options of how to stop the disturbing behaviour.
Background to the family harassment
Reporting family harassment to the police
Taking a civil legal case to fight under the Protection from Harassment Act
Harassment in a different jurisdiction
Cease and desist letter for harassment
Background to the family harassment
Our client, Mark (not his real name) contacted us due to ongoing harassment within his family. When he contacted us, his parents, his wife, and Mark himself, had been harassed by his uncle David for almost 3 years.
The reason for the start of the harassment was always unclear to the family, it was suspected that the seed of the harassment was planted when Mark’s first child was born, however most of the family merely put it down to David’s distressing and unexplainable character and temperament. What was important however, was to focus on preventing David from continuing to pursue his harassing course of conduct. The scale of the harassment that Mark and his family all described to us, seemed to extend far beyond natural family grievances.
David was continually widening the cycle of people whose lives he wished to interrupt as well as the extent to which he was preparing to go in order to do so. Examples include contacting Mark’s mother’s employer to fabricate stories about her, sending Mark’s wife strange gifts, handwriting personal harassing messages to Mark’s dad, harassing all of them via social media, and more. Mark confided in us that he and his wife were trying for another baby at the time of the consultation, and the harassment they were facing is causing significant stress, to the point where they are highly distressed at the thought of bringing a baby into this world. The family were extremely worried that, if Mark’s wife did get pregnant, and David found out, he would intensify his harassing campaign and direct it more squarely towards her, to cause utmost panic.
Every family member had to delete all social media accounts as a consequence of the harassment. In summary, David’s erratic behaviour was keeping the entire family in a constant state of alert, fearing what he might do next. The general consensus among the family was that it was time to resolve this matter. They believed his harassing conduct was likely to continue otherwise, or even escalate in the years to come. As he gets older and perhaps lonelier, Mark believed David’s conduct could highten with potentially terrible consequences to each of the family members, and potentially spread to any new friendships or relationships which bloom along the way.
Reporting family harassment to the police
Reporting family harassment to the police is always an option. However, sadly, as in the case of Mark, who had previously contacted the police to report David’s conduct the police, the police tend to be hugely unhelpful. Mark was told that, as David was residing in Hungary, he was beyond the reach of the police in the UK. We were confident that this was bad advice, which was given out of either ignorance or laziness. We informed Mark that this avenue was still available to him and there is a process whereby anyone can appeal the police’ decision to not start an investigation in their own matter. Our experience told us that, should Mark persist, the police would eventually be forced to investigate David’s conduct. However, the investigation would likely take a very long time, possibly years, and its outcome would remain uncertain for that length of time, at least.
Taking a civil legal case to fight under the Protection from Harassment Act
During the consultation, we discussed several options that might be available to Mark and his family. Our understanding was that the objective was to force David to cease and desist his harassing conduct against the entire extended family and do this as quickly as possible. With this objective in mind, our advice was to apply for an injunction under the Protection from Harassment Act 1997.
At the time where this case was conducted, there was a special route for harassment cases, which aimed to ensure that these matters would be resolved expeditiously. This involves skipping most of the usual litigation stages and jumping straight to a final hearing without giving the defendant too much of an opportunity to waste time and money. The “trade- off” for this speedy court process was that the claimant presents his entire case from the outset to the court, which means most of the preparations is carried out at the back-end of the case. In simple terms, this route would require the solicitor to prepare the case, including the statement of case, the witness statements and the exhibits so that by the time we have our first hearing in court, nothing more is needed from us, which means the case can go ahead without unnecessary delays.
Practically, it meant that that we would need to take the time to do the work in the background. Once the case is ready, we would write to David, inviting him to agree on a voluntary basis to be prohibited from taking certain action against members of Mark’s family or name them in correspondence. David would also be required to agree to pay Mark’s legal costs and a number of damages as compensation for his conduct to date. Mark could decide to ‘offer him a carrot’ at this stage and forgo his claim for damages if David agreed to the voluntary undertaking. If he did not agree, we would then seek an early court hearing for the judge to grant the injunction.
Unfortunately, the court has now shut down this route on the basis that this was too harmful for freedom of expression and since then, harassment victims must go through the normal case management route if they wish the court to provide them with the required remedy. It is still, however, possible to obtain an injunction under the Protection from Harassment Act from the outset of the case, it is just that harassment cases are no longer eligible to skip some of the more procedural steps of a civil claim.
Harassment in a different jurisdiction
After speaking with Mark’s family during our consultation and going over the details they shared, we came to the view that David was unlikely to fight a claim for an injunction. In civil cases, the court decides matters based on the balance of probabilities—meaning it only needs to be more likely than not ( 51% and over!) that David’s actions amount to harassment.
There was also a chance that we’d have to deal with jurisdiction issues early on. If that happened, we were ready to ask the court for permission to serve legal papers on David in Hungary or by email. We factored this into our planning so that, if and when the time came to make that request, we’d be in a strong position to get the court’s approval.
Cease and desist letter for harassment
We drafted an extensive 20-page cease and desist letter to David. This letter was intended to set out our clients’ case in the Protection from Harassment Act 1997 (“PHA”) and the Malicious Communications Act 1988 (MCA) and give David notice of their intention to make an application to the High Court in London for an injunction to prohibit him from continuing his campaign, if he did not agree to bring it to an end immediately.
The letter set out, in detail, the years of harassment and unlawful conduct David had engaged in, supported by clear evidence in the form of annexes. It explained Mark’s family’s legal position and made it clear that David had no valid defences to his sustained campaign of harassment.
It was crucial that this letter was fully detailed and robust, as it served multiple important purposes.
First, it formed the foundation for any potential future legal action, ensuring that if the matter were to proceed to court, there would already be a clear and well-documented case against David. Second, it was designed to leave no room for doubt about the seriousness of the situation. By setting out the legal position comprehensively and making clear that David’s actions were indefensible, the letter reinforced that Mark’s family was fully prepared to take the matter to court if necessary.
A strongly worded and well-supported letter is often the most effective way to bring an end to harassment without the need for lengthy and costly litigation. By making it clear that there were no viable defences available, the aim was to discourage David from even considering contesting the case. Instead, the letter sought to push him towards resolving the matter amicably, without the need for an injunction in the High Court. The more thorough and forceful the letter, the more likely it was to achieve a swift resolution, preventing further distress and avoiding unnecessary legal proceedings for harassment.
Lawyers thoughts on the case
Cases involving harassment within families present unique challenges. Unlike disputes between strangers or work colleagues, family harassment often carries deep emotional wounds, a complex history, and a sense of obligation that can make legal intervention more difficult. Many victims feel torn between their right to seek legal protection from harassment and the potential fallout within the family, fearing the impact on other relatives and long-term relationships.
In Mark's case, the harassment from his uncle had escalated over the years, affecting multiple family members and causing significant emotional distress. The challenge in situations like these is not just proving the harassment but also overcoming the reluctance of victims to escalate the matter legally, especially when the perpetrator is a close relative. In our experience, many victims initially hesitate to take legal action because they hope the behaviour will eventually stop. However, as seen in Mark’s case, harassment of this nature rarely stops on its own and can worsen over time.
One of the challenges in harassment cases is ensuring the harasser does not see legal action as a mere threat but as an inevitable consequence if their behaviour continues. Harassers often feel a sense of control over their victims, and part of our job as legal professionals is to take that control away. This is why it is crucial to make it clear that there are no valid defences and that defending the case in court would be both futile and costly for the harasser. A robust legal strategy, backed by a strong evidential foundation, can discourage even the most persistent harasser from resisting legal action.
For victims, one of the most difficult aspects is the waiting period between reporting the harassment and seeing tangible results. Unfortunately, legal processes take time, and in cases where the police are unwilling or slow to act, victims are left feeling helpless. Harassment cases within families require a combination of sensitivity and decisiveness. Victims of harassment must be reassured that seeking legal intervention is not only justified but necessary to regain control over their lives. Harassers, on the other hand, must be left in no doubt that their actions have serious legal consequences, and that continued harassment will not be tolerated. While each case presents its own unique challenges, the key to success lies in meticulous preparation, a strong legal foundation, and an unwavering commitment to securing justice for the victims.
