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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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A naighbour who has decided I am scum in her own words and

Resolved Question:

A naighbour who has decided I am scum in her own words and so is my 2 year old daughter has today demanded I remove my daughter from the gravel bourder she was sitting in now this boarder is on a shared access path between our two gardens and she was playing with the stones foing no harm to plants or belongings I advised she is 2 and cannot understand which gravel bit she is all8wed on and which bit she is not there are no fences to divide any people boarders on either side of the shared path I advised once I had finished in my garden I would put back any stones she has dropped to which my naighbour took a photo of my daughter who is 2 without my permission on her mobile phone I want to know if she has broken the law and what I should do
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question.

tdlawyer :

My name isXXXXX can help you with this.

tdlawyer :

Your daughter will not have broken any laws. This is really unfortunate that your neighbour has acted in this way.

tdlawyer :

If this kind of behaviour persists, it might be seen as harassment, and would entitle you to take action against the neighbour.

Customer:

I need answers we have come from a domestic abuseive relationship and me and daughter are rebuilding our lives i have a block on my ex frinding out info on my daughter as he hurt her she is now disabled

tdlawyer :

Okay, then it's really important that you speak with the police about this, they should be able to help you and warn her off again. If this does not work, then they have the ability to arrest her for harassment.

tdlawyer :

You could also issue a civil claim in the courts if you wished to obtain an injunction against the neighbour from behaving in a harassing manner towards you.

Customer:

Im worried as she has a photo of my daughter on her phone without my permission and she could do anything with it I have told police and have been trying to potect my daughter from her she has threatened her staffy dog on my daughter and demanded that my other naighbours not talk to me I just want a quite life I love our little home and are making friends my daughter loves the gardens I am working hard to create for her what steps can I do

tdlawyer :

Are you willing to go back to the police?

Customer:

Yes I have phoned them and they said they will call back tommorow thing is ehile they warn her dhe laughs it off and conitunues I am in my first temporay year as a council tennant and she has made every other tennant before me move out im not moving I want to buy it but am worried the council will take dim view on me as I am complaining about a private tennant

tdlawyer :

You're entitled to complaint in the circumstances.

tdlawyer :

I dont think you need to worry about the council taking a dim view of you at all.

Customer:

What can the police do apart from just warn her as this is not working and am worried she will denie she has the photo wnd keep it

tdlawyer :

They could just be really pro-active and take the phone from her and look at it, and ask her to delete it. They might do that if they think this will resolve the issue.

tdlawyer :

Is the photo the greatest concern in all of this to you?

Customer:

She has issue with me paining my side of the dividing fence which her landlord owns I have spoken to landlord who authorised me to paint it she has issues with me cutting my grass and my daughter crying in pain on a night as well all of which she denies when questioned by police and says im lying I have no issue with her begore even had her in my flat for coffee when first moved in she knows about daughters disability and the pain it xauses her I just want to be able to enjoy my fardens I have eorked hard on for my daughter to play in with the other children without fea4

tdlawyer :

If the landlord has properly authorised it, then that's it - you can do it. She will have to live with it. As for the grass, it's your grass, you can cut it, sit on it, do whatever you like with it.

tdlawyer :

okay.

tdlawyer :

The botXXXXX XXXXXne here is you need to take further action.

tdlawyer :

You should speak again with the police and tell them you wish to pursue a complaint about harassment against her.

tdlawyer :

They have the power to arrest and charge her.

Customer:

It is as it could be passed on to other people pyt on internet and then my abudive ex foukd track her down from it she is threated her dog on my daughter as well am worried I could have daughter taken off me as I have family suppirt worker who has advised they could take her to get her away ftom situation and leave me to sort out naighbour I cannot loose my daughter and be made homeless because of jeloyse physcio can I

tdlawyer :

They'll probably give her a formal warning, and if anothe problem occurs, they will arrest and charge her.

tdlawyer :

She may end up being jailed if she continues to harass you to the extremes like this.

tdlawyer :

It would be in her interests to give you and your daughter a peaceful life.

Customer:

Ok so tommorow I request they persue her gor harrassment and take the photo off her phone what happens then they already have witness statement from me about previous incidents and evidence of me trying to act the adult in all this I have voice recordings of her shouting over fence at me and daughter in last 2 days since the police have been to formally warn her last time

Customer:

Has my naighbour broken the law by taking the photo of a minor

tdlawyer :

There is no law as such against taking photos of children. It's more about the intended use of the photo.

tdlawyer :

Your previous evidence etc. is really useful to you as it shows you're the sensible one!

Customer:

I dont know what the intended use is she just took photo and said im protecting myself? I could not say anything as it would have escallated a volitile situation and my daughter was already upset

tdlawyer :

That's very bizzare behaviour.

tdlawyer :

I think you should have a word with the police and get this sorted, once and for all!

Customer:

I will try can they evict or force the landlord to evict her to resolve the situation

tdlawyer :

Yes, this is entriely possible, and I suspect if you keep telling the landlord of the issues, he may eventually be persuaded to do that.

Customer:

The landlord lives abroard and it was by chance he came round the other day so I asked permission

tdlawyer :

Well, if you complain to the police, they may find the landlord and inform him of the nightmate neighbour and that might help persuade him to evict her too.

Customer:

Oky ill ask police to take it further than a abc vollentarry agreement thing as thats not working

tdlawyer :

Okay - let me know what they say. Is there anything more you want me to focus on now for you?

Customer:

Just this naighbour am I doing right thing by not acknowledge ing her abuise recording what I can and when she gets too bad upsetting my child politleybrequesting her to l8wer her tone of voice as upsetting child I want to retaliate hut I know that is what she wants but by staying quite isnt she winning in her camoainge against me im left feeling frustrated and angry butnot showing it as my daughter is my world and shes been through enough

tdlawyer :

You shouldn't show your anger - it's important to your daughter that she doesn't feel that you're angered and upset by your neighbour. Just deal with it by the police, it's the best way. Then, yes, I think you should ignore her as much as practically possible, if you engage with her, it'll only encourage her!

Customer:

I will continue with what im doing then and try to do more knitting to take my feeling out on the wool instead I think and try to get police to go down path of harrassment and hope she has not posted my daughters photo on the internet facebook thankyou

tdlawyer :

I hope you manage to sort this quickly! I know it can be frustrating.

tdlawyer :

Can I ask whether you're happy with the service tonight please?

Customer:

Yes it cleared a lot up for me I now know what the corse of action to take with her as medation I suggested would not work with her maybe police arrest will cool her mouth

tdlawyer :

:) I hope you sort her quickly! Thanks, XXXXX XXXXX yourself a great Easter!

Customer:

Thankyou enjoy the chocolate eggs my daughter is

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