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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70643
Experience:  Over 5 years in practice
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what are my rights i have kids throwing stones over my garden

Customer Question

what are my rights i have kids throwing stones over my garden fence just missing us as we sit in oyr garden also kicking a football trying to break the fence when parents have appeoached their answer is kids will be kids. so do i have to tolerate this behaviour surley i must have some rights ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How old are the kids?
Customer: replied 2 years ago.

ages from eight years to eleven years

Expert:  Jo C. replied 2 years ago.
Ok. They are too young realistically for criminal liability. The age of criminal responsibility is 10 in the UK. Some of them may be just over that but the police will not act save potentially to give words of advice. They do not often prosecute 11 year olds as it isn't really in the public interest.
What this comes down to is anti social behaviour rather than criminal behaviour. You can always complain to the council. They would be able to act against the parents for failing to control their children if they are council tenants.
To be wholly honest, it would be difficult to act against them for kicking a football. I'm afraid that is an instance of children being children. If they cause damage then you would have a claim against their parents.
Throwing stones is different though and that is anti social behaviour.
If they are not council tenants then you could seek an injunction.
It is probably a good idea to write to them giving them warning of your intention to do that though before you actually do.
Can I clarify anything for you?
Jo