Can l sue for harassment

[Stella66]

If somebody continuely harrasses me for the money which l supposedly owe to his wive, can l sue them. They have done it on 3 ocassions and police were called on the last two.

[sherrardk]

Hi Stella - is this your childminder? If so, wouldn't it be easier to try to reach an amicable amount that you can both agree upon (better than having all this hassle all the time).

[ummmm]

Who is 'L'

You mention 'L' in your other questions as well..

[Stella66]

Yes it is still the chilminder. The last time l posted, l called the police and they said they will have a cht with him. I phoned her and asked for an invoice and told her how much l think l owe her, she said that was rubbish l will meet her in court. Today, the husband was waiting for me at the school gate when l went to collect the children. He started shouting again, and threatening me.

[Stella66]

Sorry i wanted to "I" and pressed L istead

[sherrardk]

Don't think you can sue them but can't the police do anything to keep him away from you?

[Stella66]

So far they havent. I suppose they told him he should not come to my house so he came to school.

[Buenchico]

'Harassment for debt' is a criminal offence under Section 40 of the Administration of Justice Act 1970:
http://tinyurl.com/2ewpzks
As such, it can lead to a criminal prosecution but there are no civil remedies. (i.e. you can't sue).

More general harassment is an offence under Section 1 of the Protection from Harassment Act 1997:
http://tinyurl.com/25vpcze
If you read through that link you'll see that (under Section 2) it's also a criminal offence but (under Section 3) there is a civil remedy available. (i.e. you CAN sue under that Act).

Chris

[optics2b]

Stella, contact the officer in the case and advise him / her of any further incidents. Ask the officer to explain how they have recorded the matter and what action/s have been taken to date.

Police usually give an initial verbal warning to persons accused of harassment to firstly try and put an end to the matter and secondly to knock out commonly used defences available in the Harassment Act.

Keep a log of all incidents.

[eyethenkyew]

Have a look at this link which explains how the law can deal with offences of harassment:

http://www.legislatio...kpga/1997/40/contents

[R1Geezer]

The validity all rather depends on whether you actually do owe her. Do you owe her and dispute it? what are the circumstances?

[lcg]

also, inform the school of what has happened and they should take action keeping him from their premises - try to find witnesses as well and report again to the police x

[DTCwordfan]

Send them a cheque for the amount that you think that you owe her. and send it recorded delivery so the time is tracked as to receipt. Back up is your bank account will show the details of the trasaction.

[tigwig]

I am a childminder myself and have read your other thread. From what you have said I am struggling to clarify the exact reasons you withdrew your children without notice. If the childminder did forget to feed them meals and was leaving them unsupervised in the garden then she has broken her side of the contract as she is not following the legal requirements of child welfare and safety that she has to. So if things really were that bad and only if they were then you are entitled to have done what you have done. I know someone who used to be a childminder and they once smacked their own child whilst working which is breaking the regulations. One of her parents immediately took her child out and she was told as she had breached regulations the parent was fully entitled to do so. Have you spoken to Ofsted for advice regarding this? You will need to give her registration number so they can identify her. If however you just decided you didn't want your kids to go anymore and cannot give a proper reason for that decision then you are in the wrong and will be made to pay the 4 weeks fees in the notice period.

[DTCwordfan]

Actually, Stella, as you were on last week about this situation, I am surprised that you haven't taken the correct action to resolve this and, in the very minimum, that you are liable for her pay, paid up the amount that you believed is owed.

If she has infringed her minding responsibilites, as per tigwig's excellent summary, I am then surprised that you have not taken the necessary reporting action.

All this thread is doing is rehashing last week as to the excellent advice you got - and the need to get the police involved if there was harrassment. Apart from action from them, there are legal restraints that can be used - if deemed necessary and appropriate in that he is not allowed within x meters or your residence and school.

[tigwig]

Thanks DT thats the first time one of my answers has been described as excellent lol! I would just like to add that the husband of the childminder does not sound like someone you would want your children to be in the same house as and Ofsted also need to know about this. Was your childminder registered with Ofsted? If not she has been breaking the law and they will definitely want to know about this, you would not be in trouble but she would be.

[pink-kittens]

tigwig and DT - in Stella's last thread she said she didn't have a contract with her minder and I would suggest this may make a considerable difference to her complaining to anyone other than the police

[tigwig]

Well in that case then if she had no contract she can do what the hell she likes! That is what contracts are for. If her childminder didn't have one then she has no rights at all. I am beginning to suspect that the 'childminder' is not a registered one at all, especially judging by her loutish husbands behaviour and like I said previously she should still be reported to Ofsted for this the number is 08456 404040.