AIBU to think neighbours should not be naked in their garden?

[babypickles]

For context: Our house is on a new build estate and the houses are pretty close together. It’s fairly easy to see into neighbours gardens because the trees etc are not well established yet.

AIBU to say my neighbours shouldn’t be naked in their garden. They are often out in the garden totally naked taking photos of themselves. They have parties quite often and it’s not uncommon for them and friends to be out in the garden naked / using the hot tub etc.

Am I being a killjoy ? Seems excessive to me.

Replying to @Myli1 there.

You seem to have missed the point that what is covered by the College of Policing document literally is enshrined in law. It’s what the CPS use when assessing cases. Incidentally no-one has successfully been prosecuted for the act of naturism alone, there have always been other aggravating factors in any convictions.

if they commit sexual offences or
use disorderly behaviour that they intend to or are aware
may be disorderly within the hearing or sight of a person
likely to be caused harassment, alarm or distress

This exclusion is likely to include what the NDNs here are doing, isn't it? It is likely to include someone being naked in their garden where neighbours overlook or the public can easily see in, as most people are likely to find it harassing, alarming or distressing (no I don't have empirical evidence for the statement about "most people" just basing it on experience). I am not arguing the legal point as it will depend on the circumstances, but you are basically confirming here that what the NDNs are doing is likely to fall under the exclusion as the OP has said that most of the neighbours are not happy about it, is that right? Just as an adult naked on a beach where there are lots of kids or on the tube or in Tescos is likely to cause alarm and distress.

Generally it will be up to the courts to decide, in each case, but best to stay properly private I would have thought - what do you think?

In the case of the NDNs I think the behaviour there would constitute disorderly conduct, and therefore could be grounds for legal action if no amicable compromise could be found.
In relation to simply being visible or overlooked however, it is not sufficient to say “most people are likely to find it harassing, alarming or distressing” to merit legal intervention, as the law specifically includes the addendum:

“An act of public nudity is unlikely to
constitute this offence unless members of the public
were caused actual harassment, alarm or distress
(as opposed to considering the likelihood of this
happening or the complainant personally finding
nudity distasteful or offensive).”

So there would need to be some intention on the part of the naturist to cause upset in order to meet the threshold for that offence. Simply going about your normal business, e.g. sunbathing naked in the garden for example, in the absence of any other factors would not attract any police interest.

“In the lawful situation where there is an absence of any
sexual context in relation to nudity and where the person
does not intend the behaviour to be, and is not aware
that it may be disorderly, it will not be appropriate to take
any police action.”

It is difficult to assess how the courts would view the situation as there have been so few prosecutions, and none successfully for the practice of naturism in itself. Most cases of course don’t get as far as the courts, as they wouldn’t meet the criteria of being in the public interest or have the likelihood of securing any conviction.

Ive put my house up for sale. Tbh it’s unrelated to the nudity. I just don’t like feeling boxed in on this estate.

Now. Would I be unreasonable to ask the neighbours to ensure they have clothes on if I had a house viewing? Pa ha

The law is fairly straightforward, it is legal to be naked in your garden but you should not be causing alarm or stress to others. The guidance is that fences or hedges should be sufficiently high that your neighbours shouldn’t be able to see in from their garden. Sexual activity is different and that has a higher threshold so that wouldn’t be allowed if your garden can be viewed from any point externally eg from neighbours upper window.

I think moving is the best option op, they don’t sound like the best neighbours

There is no guidance in law that mandates fences or hedges to be sufficiently high that your neighbours are not able to see in from their garden. However it would of course make absolutely sense for both sides to do so wherever possible.

Can you link your sources for those quotes please? I haven't clicked on any of your previous links - are they in there?

Are these recent addendums?

Yes but I’ll include the link again. There was a revised version in 2024 with slight variations of wording but nothing substantially changed.

library.college.police.uk/docs/college-of-policing/C849IO118-public-nudity-aid-revised.pdf

Gross! I'd hate having to see my neighbours and their friends in the nude, whether they were sitting around or playing outdoor party games. Aside from anything else, most people look awful without their clothes on. 🤢

Good luck getting your house sold, OP!

Ask them if any of their friends would be interested lol

Many years ago when we moved into our current home, our neighbour came round to introduce themselves and say welcome. She also wanted us to know that her and husband were naturists and when the weather suited would spend a lot of time in their garden naked. She said that we were always welcome to call round but to be aware that if we went round the back unannounced we may catch them with no clothes on. They weren't bothered for themselves but just to let us know.

Anyway, the road consisted of bungalows, they had high fences/hedging around their garden and we never saw so much as a naked shoulder let alone anything else.

Fast forward to three years ago, a family moved into the bungalow the other side of them and proceeded to get planning permission to make it into a two storey building. Naturist neighbours explained the situation when commenting on the planning application and suggested Velux windows. House duly built (normal windows) and neighbours started to complain about the naturists because they had children whose bedrooms overlooked the garden. Naturists refused to change their ways and new neighbours said it was causing them distress. Eventually new neighbours sued the long time neighbours. Sadly, before it came to court the husband died and the widow moved away.

For the purposes of this thread it would have been interesting to see what the outcome of the court case would have been.