Are there any legal steps I can take

[112233aa]

Another neighbour one so please bare with me.

Background: I have 3DC, one of which has a disabled badge and has various hidden disabilities. Outside my house is 2 public spaces, due to having no drive one of which we've parked in since we moved in (the same one every time if t matters) they have parked in the other one.

If anyone parks in 'their' space the husband gets shitty with you. for example he's purposely parked in a way that someone hasn't been able to even get in their car to move it, becomes verbally aggressive and he's even parked outside someones house blocking their drive as they've parked their car in 'his' space.

The local council have been out and put markers out for a disabled bay outside of our property. Ever since this he's been making life difficult for us. Parking in ways that DC couldn't get in the car without difficulties, staring at us continuously when we leave the house, coming out of the house whenever we are to just stare.

It all came to a blow the other week when as I got home he started shouting and swearing at us. "we were all frauds, scroungers, scum, not really disabled"etc and he was "going to report us". Later that night I was moving my car he came barrelling out of his house and started shouting at me. Telling me to move my car and he wants to swap spaces. I said no and he repeatedly carried on, shouting and pointing before going to get his keys and coming back out.

I tried to go in and he continued stood in-between my car and my house, being generally verbally abusive and vile and his wife came out to watch from the doorstep. All we kind of got from his verbal attack was he didn't want a blue badge space there and as DC could walk he wasn't "actually disabled" and they know "for a fact the only reason he has blue badge was because I told them what to say, which obviously isn't possible or true. His wife chimed in with some other stuff about how she "knew" things about DC and his needs and how she can report him as he can walk. (she works for the NHS and could look him up if she wanted). I went inside as she was screaming obscenities and just some unpleasant stuff about my DC.

I reported this incident to the police but due to staffing issues they wouldn't investigate further despite video footage. Since then they've continued to try and intimidate and harass us. Whenever we leave the house he leaves his house this is caught on our camera. Whenever someone comes to visit they take photos of them or stare out the window of them recording them making them uncomfortable.

Today I received an email saying a complaint has been made against my DC and his blue badge. It listed various false allegations that they have said to us they were going to make and others that wouldn't even be possible. They also stated that they have taken photos and videos of my DC outside our home. God knows how many they have of us doing things.

Obviously I explained everything to them and they were very sympathetic but this is becoming unbearable. My children can no longer go outside our property due to them taking photos of them and people no longer want to come round due to them. I've also logged this with the police. I suffer from anxiety and I now don't feel comfortable leaving my home.

Is there any steps I can take?

I'm going to do this.

I've just got off the phone to the police and he's said his report "isn't malicious" as he can make one. The fact he's taken pictures of DC from his house, taken them in a way to make it look that way, the fact we can't leave our house is apparently neither here nor there.

He needs to look into the facts and not emotion and if I want to ring 101 to put in a complaint I can. He said the council haven't told him the complaints closed and he's waiting to talk to me before he goes and talks to him.

I'm livid tbh he came out today and warned my neighbour "not to say things about me online or we'll have a problem" but he's allowed to terrorise the street

If she has accessed any of your medical records that would be a sackable offence, so I would definitely be looking into that to see if she has done that. My friend worked as a GP receptionist/HCA and they are only allowed to access records for appointments they are booking or patients they are seeing.

Keep on recording everything and keep on reporting it to the police and the navy. They should be dealing with this as he should not be harassing you while in uniform (or at all obviously).

The police should be taking this seriously so I would look into complaining about them too if they won't do anything..

This needs to be escalated. Check the medical records and put in a complaint about the police incompetence.

I'm unsure how many people posting here have been in your situation.
I am in it. While mine have no disabilities involved, there has been a lot worse harassment than in this thread and for longer from sounds of it.
Like you said in your last post, they can't do anything about him coming out of the house when you do if that's all he's doing.
Believe it or not unless police/you have good reason to think they're doing it for paedophile reasons, it is not against the law to film children (or anyone) in public property and yes that includes gardens (unless for example you go to extreme lengths like climbing over a fence to do it).
I have had 10 malicious reports made against me go children's services and some 999 ones.
I am still told anyone can make reports.
In order to use this they have to be able to prove in a court of law that they're doing it maliciously.
Yes it does sound like they're doing public order offences and taken together yes harassment.
But you need video of EVERY public order offences otherwise no the police are just not going to do anything.

(although they do have the power to stop malicious 999 calls!)

Your best bet is speaking to your housing association. If it gets worse (or possibly already?) They could rehouse you.
That's what I was told (if I was actually renting that is, unfortunately I'm not!)

But yes I would complain about them but looking into the first public order offence that you got on video.

I've already spoken to them as above they can't do much and they won't rehouse. Not that we should have to!

Ok it probably has to get worse before that happens.

If you wanted to spend the money yourself though, you could get a restraining order yourself.

Sorry if I missed this OP but have you had the SARs back yet? Had / has she accessed the medical records?

I'm so sorry EVERY system is failing you and your children! No one should have to put up with this!

Not yet hospital HR was suppose to call me Friday and never did so I'm still waiting as of yet

I've received that SARs back from the council in regards to the images of my child, as suspected they're taken from there bedroom window, I know exactly when they were taken and conveniently they've cut not only myself but my mother and neighbour who were there. Not even that there is no bike in the picture just younger DC scooter that they left there and is moved between the photos but DC in question hasn't moved!

HR is not the appropriate department for this.
If you need to find out if anyone has accessed your child's health records you need to contact the trust Caldicott Guardian directly.
Their name and contact email will be on the trust website.

@endofthelinefinally

The hospital told me to do a SARS as this will show all the details which I've done is this not the correct way and will it not show who has accessed them?

When you say "the hospital" told you to do a SARS, who exactly did you speak to and what was their role/department?
The usual process is to go directly through the Caldicott Guardian. They initiate a technical audit every log in/out of an individual patient's computerised record. the IT department don't know who they are looking for, they just produce a list of everyone over a time period.
I don't know why an HR department would be directly communicating with a member of the public. It just seems odd.

PALs told me HR have to contact me due to it involving a member of staff. They then told me to do a SARS to get all the information as it'll be on there and that was the correct course of action.

I am sorry OP, but this has nothing to do with PALS either. It is not in their remit. I suggest you google the trust and caldicott guardian and find the instructions around inappropriate access of confidential medical records.
It would be better to do that sooner rather than later before too many people get involved.

Just coming back to OP to say that it appears that some trusts do suggest contacting PALS. This must be a recent development. Personally I would recommend emailing the Caldicott Guardian directly. If you go through PALS, their first action should be to report your complaint to the CG anyway.

I'm going to ring the CG tomorrow and see what they say

Thank you

@endofthelinefinally I managed to get hold of the Caldicott Guardian after finding out nobody in the hospital knows who he is or what he actually does. Someone even thought I had the wrong number and said "nobody by that name or job role exists here in the hospital" They finally managed to track him down and he's raised a datix(?) and has called a meeting with the head of nursing and someone else to find out if they have been accessed. He confirmed a SARs isn't the right course of action and that PALs shouldn't have advised that HR were to call me to sort this (they still haven't)

I am glad you got the right person eventually.
They will hopefully follow correct procedure now.

The whole point of the CG's role is for your privacy and confidentiality. HR should never be involved in something like this and I would argue that PALS involvement is inappropriate too. There are too many people who are not trained or security cleared working in PALS and HR who could inadvertently compromise an investigation.

OP, please tell the CG what PALS told you re HR involvement, and the fact that the people you phoned didn't know who the CG was.
This is really very poor and it seems like a lot of people need training.

It wont be a 'GDPR' request, it'll be a subject access request.

But agree, in principal.