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Max Lowry
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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To whom it may concern, I am not able to go out in public

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To whom it may concern,

I am not able to go out in public without people, who are strangers to me, registering my presence by breaking into impromptu whistling. This has recently evolved into, in addition, people pursing their lips together in a manner to suggest they have extreme feelings of disgust.

This has been going on for a long time and has totally destroyed my quality of life. This behavior totally violates my human rights. My question is what are my legal options on this matter?

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Is this from the same people time and time again?

Max Lowry :

Hello.

Customer:

hi

Customer:

are you there?

Max Lowry :

I'm here.

Max Lowry :

Is this the same people doing this all the time?

Customer:

there are people who persist in it yes,

Max Lowry :

Okay. And they're doing it to harass you? To cause you harassment?

Customer:

I strongly believe so, yes

Max Lowry :

Okay. Have you spoken to the police about this?

Customer:

I am worried about doing that

Max Lowry :

Why?

Customer:

because, it is easy to deny and i could hold myself up to accusations of mental instability

Max Lowry :

I think you have to take positive steps to deal with these issues if your existing approach hasn't worked.

Max Lowry :

One good way of doing that is the police.

Max Lowry :

This is a criminal offence under the Protection from Harassment Act 1997.

Customer:

I am fully aware it is illegal

Customer:

the general practise is i ask them about it. They make a full denial and then make a counter complaint about me being "aggressive" towards them

Max Lowry :

How about a civil injunction, to prevent them doing this?

Max Lowry :

The police could monitor anyway.

Customer:

How would i go about doing this?

Max Lowry :

A civil injunction?

Customer:

Yes, this behaviour has caused me humiliation and distress to the point it has destroyed my quality of life

Customer:

i am not being emotive that is the truth

Max Lowry :

You would issue an application to the Court using Form N244. You can get it here: http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=484 You would ask the Court to prevent them from harassing you. Then, if they did again, they would be in contempt of Court and that could result in them being imprisoned and/or fined, or their assets seized.

Max Lowry :

It's far more serious obviously when you have a Court order like this.

Max Lowry :

You would need to set out the events you've experienced in the back of the application form.

Customer:

How can i prove this behaviour is occuring?

Max Lowry :

Your own evidence, your own account of it, is evidence for the Court.

Max Lowry :

You only have to prove it on a balance of probability - i.e. who is more likely telling the truth. It's not like a criminal court.

Max Lowry :

But breach of the order would carry criminal sanctions.

Customer:

What if it was also occuring from members of the public in many isolated incidents?

Max Lowry :

You need 2 or more occasions of issues for it to become unlawful.

Max Lowry :

So one off events are not going to cause harassment, unless done in conspiracy with others designed to evade the 2 or more event rule.

Customer:

So if it is from people in the street i am legally powerless. I strongly believe it is a conspiracy against me

Max Lowry :

Then you may be able to use the harassment provisions anyway.

Max Lowry :

Have you spoken to the CAB about what you could do?

Max Lowry :

I suggest that only because they would be able to go through the detail with you and discuss more practical steps also.

Customer:

I spoke to the samaritans when i was very upset. They said they didnt know what i was talking about

Max Lowry :

Oh. That's unhelpful. Try speaking with the CAB - they're very good and very willing to listen too.

Customer:

I also contacted the british humanist organisation and got no reply

Customer:

Who are the CAB, criminal advice bereau (sp)

Max Lowry :

Does this answer your question?

Max Lowry :

Citizens Advice Bureau.

Customer:

OK

Max Lowry :

http://www.citizensadvice.org.uk

Max Lowry :

Call up and ask to see somebody at your local branch.

Max Lowry :

I hope this answers your question. If you need further information, either now or later, just let me know and I'll gladly help out.


 


Please do remember to rate my answer as highly as you can for me. Thank you.

Customer:

Just out of interest if there was a major conspiracy to whistle me out of the human race....

Customer:

what kind of compensation should i expect?

Max Lowry :

Difficult to say I'm afraid in these cases. Could be several hundred.

Customer:

finally

Customer:

if i make my concerns known to the CAB or police...

Customer:

do i run the risk of having my mental health brought under unfair scrutiny?

Max Lowry :

I would hope there is no prospect of anything being unfairly taken into account. If you do have a mental health problem, then you really should seek professional help for it from your doctor.

Customer:

i dont, but the threat of this is a major deterrent to me coming forward

Max Lowry :

Okay - well, there are medical safeguards against unfair findings of mental health issues.

Max Lowry :

If your life is being affected, you need to consider taking the action we've discussed.

Max Lowry :

Please do remember to rate my answer, and if you need more general information in the future, do just let me know, and I'd be more that happy to try and answer your questions.

Customer:

my enitire adult life has been destroyed

Customer:

You have been very helpful. Thank you.

Max Lowry :

You're more than welcome.

Max Lowry :

Take care - I wish you the best in resolving this.

Max Lowry :

Please do remember to rate the answer as highly as you can for me.

Max Lowry :

All the best.

Customer:

Cheers, XXXXX XXXXX

Max Lowry :

Bye.

Customer:

bye

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