Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.
legal advice needed harrassment?(28 Posts)
My EXH keep sending the CSA tribunal information about me . I am PWC and he has appealed CSA descion contiually since 2006. In this latest case he keeps sending the tribunal information regarding cafcass, my house deeds, social services reports regarding the children (who have special needs and i have asked for a carers assment etc) he has obataioned stuff claiming under the freedom of information act like womens aid reports etc. None of this is relevent to csa decision on calculating his income. Whilst i understand it is about control and him letting me know that he can find out information about me i am starting to be quite anxious. i have previosly had non molestion order and also undertakings all now expired because of him, i am worried about our saftey. Is all this non information he keeps sending them classed as harrassment etc. He also sends letters to the GP schools Etc that i am using parent alienation and abusing my children claiming falsly benefits etc. advice neededplease.
please!! bumping i feel like im being stalked!!
Is this confidential information he has got hold of or stuff that he has anyway?
he has gotten copy of house deed and charges from land registery, he has gotten copies quoting the freedom of information act from social services of a letter i wrote to them asking for a carer asssment, he has asked womens aid for a copy of information held( although they have said in thier reply that they do not hold any information on him) thats because they know this and all is done verbally. he is writing to the childrens schools and gp claiming al manner of things. The stuff he sends to child support tribunal they have to send me a copy of this evidence so he knows i will see it. none of it it relevent to the case at all. The stuff he writes to the school is just malicious to bad mouth me and make stuff up. he has also claimed i was fraudently claiming benefits and i had an advisor interview me etc. I supplied the information they asked for and i did get a letter back from them saying all was okay and it was a malious informant. Its just that he recently sent over two hundred pages to the csa tribunal with various information about me that is not obtainable from anyware else unless its through the information act( which i dont know much about) and can anyone just pay a fee and get copies of someones deeds? i am just really worried and scared where hes gonna go from here. I know this is about control and that he just wants me to know that he can find out about me and to be honest its working.
Dont have any other answers for you but deeds are available from the land registry for a small fee costs a couple of pounds only.
Hey Kitty. The Land Register is a public record and yes anyone can pay £4 for a copy of the register in respect of any registered land. For an additional £4 you can also obtain the registered plan. In respect of Social Services your data should be protected under the Data Protection Act. However as the information obtained pertains to your children he has probably relied upon the fact that he is the father to obtain the information, in the same way that you would for example obtain information from your GP about your child. You can contact Social Services yourself to ask what they are obliged to provide under the Act and what they have provided. It's your information, you have a right to know.
The behaviour of your ex is causing you alarm and distress which constitutes harassment under the Protection from Harassment Act. The harassment must happen on two or more occasions and be chronologically proximate. Ie. say they all happen within 6 months. There are defences to it and so you would need to speak to a solicitor in person and give them the full facts so that they can advise you fully on this. As he is your ex you also have a remedy under the Family Law Act which you have already used in obtaining your non-molestation order. You can apply again as he is continuing to harass you. The criteria is different under the Family Law Act. The act covers both physical and emotional abuse. Controlling behaviour is also within the remit.
I very much recommend you speak to a solicitor as soon as you can. I haven't practiced for a while so I am out of date in relation to the recent legal aid changes and so you would need to explore the funding aspect. You have evidence of his harassment, keep all relevant documents such as the letter from DWP stating that he was a malicious informant. I do hope that you can speak to someone soon, this can't continue, he needs to let you concentrate on your children. If you need support please try Women's Aid they are extremely helpful in these situations. You can get further information here.
Thing is, if he has a right to that information then getting it isn't harassment. The CSA won't be amused having to wade through a load of non relevant paperwork & it may backfire on him spectacularly!!!
That's not strictly true Helen, it depends on the circumstances. The court would consider the entire course of conduct and based on the OP's statement that this is to fuel appeal after appeal it has ceased to be reasonable and could now be classed as harassment. Context is everything.
i will to speak to a solicitor on monday about it but i feel he has no right to do this. Mostly i try to ignore all this stuff but he has increased recently. And as i have been physically attacked by him before i am obviously concerned.
Was his physical attack on you reported to the police, kitty? If so, was he cautioned or prosecuted for assault?
Please go to the police and have it recorded at least that he is doing this
The point I was making is that it is irrelevant to the CSA decision & if he continues in this way he will antagonise all the official bodies!!!
Oh yes absolutely RedHelenB you are right it has no bearing on the CSA decision. But it is a terrible thing to have to keep fighting appeal after appeal and this has definitely become harassment now.
You definitely have grounds for making a complaint - my Ex husband received a police caution for harrassment. He makes a career out of writing malicious letters to schools, GPs, Womens Aid, voluntary agencies supporting the children (he has a history of violence and neglect against them) I have a file full of malicious correspondence that he has sent and it was largely based on this (as well as him sitting outside the house) which led to his caution.
I spoke to the police directly - I think with the police it very much depends on the officer who happens to take your complaint as to how much action they take.
Fleecyslippers its sounds similar to what you have been through. I gor the non molestation order after he came at me with a knife. He was not processacuted because it was his word against mine,after damaging my property and car again it was his word against mine! He definately uses the children to legally harrass me. i thought that after years of abuse i picked the kids up and left that would be it but its carried on through the children and family court contact orders. At the moment i am increasing scared how far hes going to go this time,
If you take the criminal route then I suggest you ask if there is a special unit dedicated to domestic violence. It varies from force to force. Don't be fobbed off. Unfortunately the police don't always understand the subtle nuances of harassment or the law pertaining to it.
have just spoken to a family solicitor and they have said as he has not made any direct threats to me and he can get this information through freedom of information act etc theres nothing they can do .
Fleecyslippers how did you get copies of the letters your ex wrote as the school and gp wont relase them to me apparently its confidential.
I disagree with them. Did they discuss an application under the Protection from Harassment Act or just focus on a non mol? Not all family solicitors deal with PHA claims as they are dealt with under civil law.
they were talking about non mol. who would i need for protection from harrassment act?
You could speak to someone in the civil litigation department. I do hope you find someone who can help. Perhaps if you contact Women's Aid they can recommend someone in your area. You could also try Victim Support for a recommendation or help finding someone.
Kitty - bizarrely, he copied all of the letters to me. They were all threatening - threatening legal action if people 'believed' me about the abuse etc. The actual fact that he sent them to me constituted part of the harrassment. He also sent me copies of letters that he took from the house when he came in when I was out I was able to use these for an occupancy order to keep him out of the house.
It's actually really scary to read back through them all - he spent months threatening to prove that I was a liar - in the end his total arrogance and self belief was what led to his downfall.
I've had a far less serious case deal with entirely through the DV section of the police and managed to get a restraining order. They were brilliant, extremely supportive.
thank you nuttynewdog. I will consider going to the police about it. I want him to let me move on with my life and stop being so obsessive about me. I am concerned though he would escalate he harrassment, i keep ignoring all this as best ican and not reacat as this is what he wants but i am also fearful of his reaction too. Would it be best to carry on like this even though it causes me distress and anixety?
Civil action: i cant afford solicitors.
I would certainly think about contacting your lical DV section - from what I understand what he continues to do is DV and it is affecting you. You've got nothing to lose. Do you have a DV support worker who you can turn too? Sounds like you could do with a supportuve person to help you with this.
Join the discussion
Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.Register now
Already registered with Mumsnet? Log in to leave your comment or alternatively, sign in with Facebook or Google.
Please login first.