Daughters Partner summonsed

[Lapun]

Is there a lawyer here? Daughters partner was served by police telling him to appear in court on June 30th. He reported this neighbour about their son constantly smoking Canabbis in the back garden which this partner felt was out of order. The police visited the neighbour as well as their landlord. The neighbour now has a solicitor and daughters partner is accused of harassment. They claim D partner has spread rumours about them in the small town and that my daughters security light comes on when they go into the garden at night ( it goes on if small animals come into the area)

Can he just offer to pay costs (currently £340) and apologise? Or must he appear in court? He is unemployed but my daughter still works. Can he get any legal aid? I have no idea what a small town solicitor would cost?

I posted by mistake in the divorce section so here asking for general legal advice.

Any advice would be greatly appreciated.
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You're being played for a fool here, op. There is WAY more to this story that what you're daughter is telling you. Her boyfriend has been up to all sorts for things to have gotten this far.

You should strongly encourage your daughter to get rid of him.

What's in the schedule of allegations and witness statements that should have come with this? Way more to it than suggested.

Well these are what matters OP:

4 Schedule of Allegations
5 Witness statements

I would be advising my daughter to demand to see these tbh.

This isn't about him complaining about the neighbour.

There definitely has to be more to it

This makes no sense. You are being played for a fool

This in spades.

Someone is telling Porkies.

So the solicitor has nothing to do with the neighbour?
I never heard of solicitors writing letters for the police before but I'm out of the loop. Is that a new thing or has it always happened? You'd think that would just be a template format that the police would fill out themselves.

This is a county court summons for an injunction. This means that he's done some serious shit and probably been involved with the neighbours before, possibly even the police.

He needs a solicitor and your daughter needs to wise up as either she's not being told everything (red flag territory) or she and the partner do know whats going on and are hiding the true situation from you, possibly in an attempt for sympathy. Also not cool.

Either way, this is their shit pot and generally therefore it's best to stay out and let them sort themselves out.

P.S. if he doesn't go he will be arrested.

Don't give them any money.

How long have your daughter and her partner been together? Do they live together?
Is she normally this naive?

I think that you are about to find a few skeletons in the closet.

I agree with the other posters- there is clearly a lot more to this. Your daughter may not even know if she is busy working and he is getting into trouble.

The police wouldn't just jump to this stage with no history. He has come to their notice for the same sort of issues before.

There is more to the story than what you've been told, so you'll need to do some digging and he will need to get a solicitor.

I'll preface this with I'm not a lawyer, but I've done some digging based on the wording of the notice and it looks like potentially the police have applied for an injunction under the anti social laws.

It's similar to a mon-molestion order, or if you watch too much American tv, a restraining order.

Here is the legislation
https://www.legislation.gov.uk/ukpga/2014/12/notes/division/5/1

The government guidance
https://www.gov.uk/civil-injunctions-criminal-behaviour-orders

This is from Croyden Council, but I think it is useful as it explains it in easy language
https://www.croydon.gov.uk/community-and-safety/safety/crime-and-antisocial-behaviour/orders-and-injunctions/civil-injunctions-and-criminal-behaviour-orders

Well I have to tell you that my daughters partner reported the neighbour to the police 40 times! As well the neighbours listed all the things he has said or shouted at them and there was about 20 incidences about it. So yes it is serious The police are the claimants and after listing all allegations against the defendant it states (I believe( The Claimant believes) that the facts contained in this schedule of allegations in support of an application for injunction are true.

This was signed by a named person.
(Claimant’s solicitor’s Litigation Friend.) Nobody else has signed.

All allegations are made by the family who alleges harassment . They ask for an injunction and power of arrest pursuant to Part 1 of the ASB, Crime and Policing Act 2014.

My daughter’s partner acted in a ridiculous manner and the items they describe are name calling, insults etc.

is there any chance that he faces imprisonment over this sort of thing?

Thank you for all your advice. I am not in UK although I am British and still own my own property in London. All my talk is on WhatsApp and emails and we are 5 hours behind UK.

This is not criminal it's civil
He needs to attend court or the order may well be made in his absence

The draft order and the statements and allegations will tell you what he has been accused of doing
The draft order will outline what he is being asked not to do

For it to get to this stage it is usually persistent anti social behaviour over a period of time
It won't be a one off incident.

Sounds like they were sensibly advised to keep a log of his harassment of them and he has not heeded warnings to stop so is now getting his comeuppance thanks to the record of his harassment they've been keeping.

This will absolutely not be a first warning, he will have had plenty of warnings. Has your DD / he acted as if this is a surprise to them or has come out of the blue? It can't have done.

I would be deeply concerned my daughter is with a man harassing people to the point it meets the legal threshold for an anti social behaviour charge.

@Lapun

Does he have issues op?

What reason does he not work?

And who is supporting him financially?

I believe this may be the law that replaced anti social behaviour orders. If so, it can be applied for by the police, or other organisations such as housing providers, the local council etc

It is used when a person is engaging in persistent anti social behaviour. Is he harassing the neighbour or are they genuine reports? 40 reports does seem like a great deal.

These are important questions OP.

Why is your daughter with this loser?

Sorry but there's clearly a load more going on your not being told you don't get summoned to court over a simple thing like this best dont get involved

No it’s not, that’s criminal behaviour act.

harrasment laws have been in place since 2001 and are very different,

He does know what it is all about. I knew he had reported them to the police and cautioned my daughter to try to stop him. She works hard in another large place 50 miles from home so he is at home by himself. He was a social worker but could not stand the awful cases of child abuse etc. He tried to find work as. Geriatric social worker but those jobs are highly sought after. I simply find it staggering that he would continue to argue with and insult the neighbours and make 40 complaints to the police. People tell me not to help financially. I am hoping that he gets legal aid. I am a widow and very old! I always help any of my children and particularly if they are in financial trouble. I live comfortably with my younger son ( aging bachelor) who is engaged in buying and selling wine and rum which this island is noted for and so I am rather lucky and I run the house with a housekeeper and gardener and I have 2 adorable dogs. I am just very cross with this narrow minded man who did not understand the consequences of his behaviour. My daughter is the worker, but he does all the housework, cooking etc and drives her around. She hates doing anything domestic, so she has slipped into her role as earner. She is not young and I think he is nearly 10 years younger than her. This is another fine mess for mum to help clear up! My other children also say not to help financially as my daughter had a very important birthday at the start of the month and was given a very large amount to celebrate. But like many others she did not think a rainy day would happen and has no savings!!!! I am so grateful to you all for helping me.

I apply for civil injunctions as part of my job. They are not simple to get, so Police really feel they have evidence. Breaching one is a criminal offence so the partner needs to get his shit in order and stop harassing the neighbours.

40 reports to police is ridiculous and certainly bordering on harassment.

It’s only ‘another fine mess for mum to clean up’ if you make it so. Let them get on with it for goodness sake, they’re adults, and not even young adults at that! Perhaps along the way you’ve always helped your children out of any sticky situation they’ve found themselves in but that’s no way to teach independence, resilience and self sufficiency.