Legal (or other) advice on a paedo living next door- any lawyers reading?

[Richard2]

Hi guys, I'm new to the site, so please feel free to direct or suggest my entries as you see fit! :)
We found out a few years back that the teen living next door had paedo tendencies- explicit letters were written & intended for my 7 y.o. daughter, at around the same time, he had attempted to kiss her when she was around there playing with his younger sister. We were invited around by his parents to confront him in a hope to "knock it on the head". We could see he knew it was wrong, apologised, said it would never happen again ;hung his head etc. I must mention he has a low mental age/ "special needs".
Needless to say more letters were found & we believe his behaviour continued in the same vein with others at his school/on the school bus etc from reports we heard.
He had his own social workers & they just shrugged it off- saying they didn't think he would "act" on it. Quite apart from building a high fence to provide a physical barrier, we tried to pass our concerns to the social services, health visitors & even wrote to local MP's, MSP's & got the police involved.
The lad got a court appearance (a string of school exclusions, & similar antics whilst at school, as well as our own info led to this). As predicted by the policeman who interviewed us at the family protection unit, charges were dropped when the judge saw "special needs" on his notes.

Fast forward a little & he was removed from his home after allegations were made that his step father had been violent towards him- a big relief for us though obviously! Whether because of the parent's appeal, or him changing his story- we have found that he is on a "months trial" with the parents; returning home for periods, with a view to him returning home after that if it's "succesful".
A massive weight is on our shoulders again- he used to stare at our kids from his bedroom when they were in the garden, or stare up to their bedroom from his garden- that's apart from what I wrote above.
What are we to do apart from move?? (and why should WE have to?).
If it adds anything to the legal side: we live in Scotland & the neighbours rent from the council.
Sorry for length of posting, but I thought I'd better explain the circumstances as much as I could. Help!

What do you expect to happen? Just keep your kids safe in the usual way and don't worry about this boy.

When you say 'paedo' tendencies, not sure what exactly you mean

He and his family are clearly people with problems. However I can see that you are worried.

Not sure there is much you can do. He would not be allowed to live there if he posed a direct risk to children.

Well, writing sexually explicit notes about what he wanted to do to her & trying to kiss a 7 yr old girl are "paedo tendencies" from a lad of 17 (he's now 20). He also one time (before the fence was built) tried to pull her over the wall.
It's alright saying keep them safe- we will of course do what we can to avoid any interaction, but knowing he is staring at our children; would that not make you feel creepy?
It is whether there are any legal things we can do to try & prevent his return to the house that I would like to know about- the system seems to need something to actually happen, before they will act on it. Prevention is better than cure isn't it?

I'm not having a go at you you know. I suspect I would feel it was creepy.

Not sure there is anything legal you can do I'm afraid, unless you attempt to get him prosecuted for the notes and the attempt to pull your child over the wall.

The issue about prevention doesn't really apply in law. Can you not speak to the police?

How about an application under the Protection From Harassment Act??

have you reported this to the council? tenants should not be making neighbours uncomfortable

keep a diary

and report the reportable stuff to police

it sounds horrific!!

Actually a good idea. i was thinking about criminal law but you could try using harassment legislation to assist.

Start keeping a diary of any incidents that occur. You need good evidence.

As I said in the original posting- the police were involved, and he went to court. Off the record, before it was heard, the p.c. involved more or less told us that when the judge saw "special needs" on the case, it would go no further. That's what happened!
I just think that the rights of the community to demand a safe place in which their children can play, should outweigh the rights of a troubled individual to be there (it's only a small village, not a big city where there are more unknowns).
Just because someone has special needs, does that make them any less a risk?
I would have hoped the record of behaviour against his name proves it is not an imagined risk- but until (and I do think it is until, not if) something happens it seems the authorities can't act. We think he needs specialist care & education.
Does the special needs label mean that this boy can do his peeping Tom stuff without repercussion from the law (the family protection division said another "normal" individual doing that would be brought to book, but it is different in his case) or is there another legal angle we could use that might look on our safety as more the over-riding priority?

The protection from harrassment act- I've not heard of that. Does it apply in Scotland & what evidence do you need please anyone?

Just had a quick overview of that harrassment act online; it mentions about employees- it seems to be more about employment law, but I would be happy to be proved wrong! :)

It can be used in an employment context but not only. It would certainly apply to this situation.

Slightly different position in Scotland - this might help:

www.rapecrisiscentre-glasgow.co.uk/index.php?id=177

Thanks for that, I've saved & printed that link.
As for the council, I'm not sure what they would actually require, but it's worth following up on.

anti social behaviour....council will act on it.

I need to log out soon, but will check again in a couple of days if there are any more thoughts anyone has, on where to go with this.
Thanks to all!

Take photos of him staring, keep any notes he sends - photocopy them and send them straight to the police and the council.

If the notes are a reguar thing you can write to him (keep a copy) and ask him to stop. If he continues then you have a harrassment case.

Trying to pull her over a wall is attempted kidnap surely? Anything like that happens again you dial 999 straight away.

This makes me angry. My son was attacked on a bus by a man with 'special needs'. I wanted him chaged with assault but apparantly the police couldn't do anything because of his 'special needs', they couldn't even give him a caution.

I got a warning for pushing him away though - lovely!

xxx

since when has 'special needs' been a barr to justice??

why should it be?

I agree. The police did have the notes, we've just got them back after the case was dropped.
Police say they can't do anything unless he commits an unthinkable (& are sympathetic; their hands are tied- it's the judges who decide).
Social services say they don't think he'll act on the notes (even though he's been caught leading other children out of the grounds of his former school & upsetting other girls on the school bus).

It has been suggested to try the housing dept next- that's my latest hope.. I'm running out of other options!
Any suggestions excluding carving knives considered :)

Suggestion: keep a diary. Include photos of him looking up at your DD's window, or staring at her.

In Scotland it isn't the judge who decides if a case can be prosecuted, it is the Procurator Fiscal. So someone hasn't been straight with you.

Social services say they don't think he'll act on the notes (and the attempt to pull your daughter over the wall?). Ask them what sex offender risk assessment tool the have used to arrive at that decision.

Try contacting victim support. They can give practical advice as well as emotional support.

There is some information here it might not be completely applicable given that the person that you are interested in has not been convicted.

It isnt true that a background of 'special needs' would make people disregard any potential for risk.

It sounds like you arent clear about the way that things are being handled, or as said previously, someone hasnt been entirely straight with you. Is there anyone that you could speak to (from community policing or social work) who could explain to you the way that risk management procedures work in your area? People will be reluctant to divulge confidential information about your neighbour, but if you had a general idea of the structures in place you might be better placed to question what is happening.