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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80439
Experience:  Over 5 years in practice
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Can you please confirm if it is acceptable for my neighbour

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Hi, can you please confirm if it is acceptable for my neighbour to take photographs or video me on their phone from outside my house when I am sat with my family in my garden
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have taken no steps, I am merely enquiring if my privacy is being invaded
JA: Where is the house located?
Customer: South Wales
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not at this moment in time (maybe to say though that we have had on-going dispute for many years, as these neighbours continue to harass in some way every so often & all we want is a quiet life)

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Clearly it isn't acceptable. The question is what can be done about it.

But why is he doing this?

Customer: replied 1 year ago.
We do not like each other, we have had police mediation & I stressed all I want is to be left in peace to enjoy my home life after work & my
neighbours to live their life & leave me & my family to live our lives, but every so often they try to cause trouble & phone the police with lies & total nonsense. I have never been charged or warned by the police.
Customer: replied 1 year ago.
can you please advise if for some reason they phone the police & say they have taken photos of me in my garden then what can I do about this?
Will the Police tell them this is a civil breach of my privacy

Thanks for the information.

Can you give me 20 mins to dictate an answer.

Customer: replied 1 year ago.
of course, I just need to now my rights as I feel its not right for a neighbour to be walking down the street & be allowed to photograph/video you on their phone when you are sat in your own garden.

Thank you.

You raise a number of issues.

The first point to make is that actually in the UK we don't have a free standing right of privacy. There were attempts to make the Human Rights Act extend in that direction but they failed fairly spectacularly. The Michael Douglas and Catherine Zeta Jones wedding was an instance in point.

It wasn't the best case to raise this point and unfortunately it made law or.

However, here you could argue that the issue is not privacy of itself but the fact that he is harassing you. In fairness, I think but most people would think that taking photographs in a hostile way amounts to harassment.

That is especially so if he is doing things like making false allegations to the police about you as actually that is a further act of harassment as well.

If the police will not give him a harassment warning then you do have the option to get a solicitor to write to him warning him that his actions amount to harassment. That is not expensive to do. You could probably do it for £100 plus VAT or maybe less.

Be prepared for him to go completely ballistic when he receives it. He sounds like that sort of person. If he commits further offences though then you can call the police.

But can I clarify anything for you?

Jo

Customer: replied 1 year ago.
yesterday was the first day (due to Covid lockdown) that my sister & her husband were allowed in my garden & I think they took the photo to report me to the police for having them in my garden, thinking they could use the photo/video on their phone as evidence. But I was breaking no rules as from Monday 1 June it was allowed to have family in your garden social distancing.
But I am not happy that I cannot relax in my own garden without my neighbour taking photos/videos on their phone to use in an attempt to get me into trouble.

Yes, that will be his game.

You certainly weren't breaking any rules.

I'm afraid there are some people with nothing better to do but watch their neighbours and he sounds like one of them. It would be nice if people had better things to do but I'm afraid there are a lot of people who haven't

Customer: replied 1 year ago.
it is stressing me out, I work full time & I am out of the country a lot (except for now) & all I want is to be left in peace & quiet.

Yes, the likes of you and I don't have time to browse with neighbours with nothing better to do.

There are two options though. Either you ignore it in the hope that he gets bored or you take action.

I suppose you will know him better than I do. I must say that I have found ignoring people extremely affect says because they only behave like this because they want a reaction and if they don't get it it winds them up even more. But there comes a point where you can't keep putting up with it

Customer: replied 1 year ago.
This is why I want to nip it in the bud as I can’t go through months if this with them again , I am expecting a call from the police today as I know they have to respond to a complaint & I know I haven’t done anything wrong .
Can the police charge them for wasting time or unnecessary harassment ?
It is beginning to stress me if I’m honest

The police can act against him for wasting police time but they won't. They are incredibly cowardly with offences like that. In my opinion people should be charged far more with perverting and get far more wasting police time fines.

They quite often deal with even false allegations of rape by giving people are wasting police time fine.

I understand that it is stressful but I'm afraid there are some unreasonable people about. All you can do is respond to it

Customer: replied 1 year ago.
Maybe I should consider sending a solicitor letter stating that if they continue to contact the police with blatant lies etc then I will have no alternative than to issue them with them with court proceedings.

Yes, I did suggest that and I do think it would be a good idea.

Not only in that it might deter him but that it puts on record that you dispute the allegations.

Customer: replied 1 year ago.
Thank you for your answer, this matter is taking up my time (as it has done in the past) that I am not happy with, it is starting to have an impact on my day to day life & starting to stress me out.. I am just waiting for something else from them, I feel as if I have to walk on egg shells in my own home & that is not right.

No problem.

No, it isn't right. You have to take bullies on.

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