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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Harassment warning for writing complaints

Customer Question

Does writing a complaint to a church and a leisure centre questioning why they are allowing a convicted sex offender to work with children constitute harassment of the sex offender? He is legally entitled to work with children. The complaint writer is the victim of the assault.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

No it does not in my opinion.

Firstly, the complainant was not communicating directly with the sex offender.

Secondly, harassment is the causing of alarm or distress and putting someone in fear of violence

and thirdly the complainant knew or ought to have known that the conduct amounted to harassment.

Even if the conduct amounts to harassment there are defences available e.g. the conduct was for the purpose of detecting or avoiding crime, or that it was reasonable in the circumstances, which the query would be as it was in respect of a sex offender working with children.

Hope this helps
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I'm afraid the answer above may well be incorrect. It depends on information you havent yet provided. If you can give me a few more details I will be able to give you the correct answer.

How many times have you contacted anybody about him? In what circumstances

Actually this could be harassment.
Customer: replied 3 years ago.
Thank you for your response.

In the form of a letter of complaint asking why they felt it was appropriate, and what were their current child protection procedures. I diidnt suggest they were breaking the law. If they didn't respond I didn't follow up, but there were 4 locations.

Is there a legal way to protest this?
Expert:  Jo C. replied 3 years ago.
Thanks and I'm glad you came back.

I'm afraid the answer you have received is definitely wrong then.

If you wrote to 4 different entities then that is harassment.

I'm afraid harassment need not be direct. It can be direct but it can also be indirect. In this instance, you were making contact with others who were bound to contact him. That is indirect contact.

Also, there is no need to place a person in fear of violence. That would amount to a S4 harassment. Of course, you did not do that. S2 harassment just covers vexatious contact.

The case of Waxman is almost on all fours with this and its been said this is harassment.

Nothing will happen if you stop now though as this is just a harassment warning.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience: Over 5 years in practice
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/