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[prolixia 704]

A friend of mine has a cat. It's not a particularly friendly cat and can be quite aggressive towards other animals. Put it this way, I keep my distance.

Recently a couple moved in over the road and started to encourage the cat into their house where they would pet it. They fed it chicken and salmon on a daily basis, and made a real fuss of it. After about a week, they completely changed their mind (probably on discovering the cat's true nature) and wanted nothing more to do with it. Obviously the cat, having now tasted 'the good life' has other ideas and is now doing everything it can to get into their house - often waiting by the door, occasionally crying at night, etc. This has been going on, sporadically, for a couple of weeks.

The neighbours have demanded that the cat is shut up in my friend's house, and have become quite aggressive about it. They tried taking it to an animal shelter (from where it was promptly returned - it's chipped) and there has been a steady flow of strongly worded letters that have been zip-tied to my friend's front door in plastic bags.

The friend is a single woman who lives with a young child. She is getting quite intimidated - to the point where she is considering asking one of her friends to stay in the house with her at night. She has called the police, who have said there is nothing much they can do. She's not prepared to lock the cat inside 24/7 (although she is trying to keep it in at night).

Is there anything that can be done? I think that some of the neighbour's actions may be verging on harassment (particularly the zip-tied notes), but he hasn't actually threatened her, damaged any property etc. I also have some sympathy for anyone who is being pestered by someone else's pet - although he's known locally as a bully and the way he's behaving isn't appropriate.

Any advice gratefully received - I worry that this has the potential to escalate.

[((TheShake))1546081325 487]

From what I was taught, harassment only need be 2 or more instances. It may, however, be covered up MalComs. The police should certainly be able to do something about it.

[The Machine 3]

I attended a neighbourhood dispute between neighbours. The tenants in the ground floor flat were noisey and abusive towards the tentants in flat above. Although the back yard is owned by the tenants on the 1st floor there is a verbal agreement for the tentants on the ground floor to use the back yard for access only. The dispute started over a dog pooing on thier garden and not cleaning up after the dog. The abuse and threats are causing the 1st floor tenants alot of grief and heartache. I was called after their rear gate was damaged by the ground floor tenants and missing. I took details and visited the ground floor tenants who eventually admitted to one of thier friends being drunk at the time while damaging thier gate. He agreed to contact the landlord and sort it out with them. At this stage I hadnt spoken to the Land Lord of the flats.

Moving on I was in two minds whether to warn the ground floor tenants for Harrassment but after speaking to my Supervisior he said it wasnt suitable because they were neighbours and live so close to each other and aften pass each other in the back yard.

I tend to try and negotiate and speak to all parties first and if the flat ot house is rented then speak to the landlord. I believe there is always two sides to each story. Its so easy to feel sorry for one party and not get the true story from the other party. Neighbours really have to try and get on. Im not sure if one can warn the other party for harrassment in your case and because no case of Criminal damage has taken place then Im not sure what esle could. Im hoping a more experience PC or SC can shed some light on this topic. Regards Rob

[prolixia 704]

In this case leaving notes zip-tied to the front door has happened on a number of occaisions (=course of conduct) and I would say that it could concievably be seen as something that would constitute harassement. I'd certainly say the point is to intimidate.

All eyes are turned to me to proclaim what offence the neighbour is comitting. However, whereas what he's doing is clearly wrong, aside from the rather questionable harassement I don't think he's really done anything illegal. However, I do wish the local force would be a little less disinterested - I do feel that a word in both parties' ears might nip in the bud something that is clearly going to develop into something more serious.

[oddbod 393]

The neighbours have encouraged the cat to visit their property by treating it and have now decided they don't want the cat on their property. It could be considered reasonable to ask your friend to keep the cat indoors so it's not harrassment and treating as such is not going to solve the problem. It would also be reasonable to expect the neighbours to put some sort of cat repellant on their property to discourage the cat until it learns to go elsewhere for treats, what it needs is someone to mediate between both sides but this doesn't neccessarily mean the police need to be involved. Rather than look for offences why not talk to the neighbour on your friends behalf?

[Administrative Account 7]

It's a cat, and it will go where the best food is. Tell your friend to also feed it salmon and chicken just like the neighbour did.

[SCstaffs 0]

I attended a neighbourhood dispute between neighbours. The tenants in the ground floor flat were noisey and abusive towards the tentants in flat above. Although the back yard is owned by the tenants on the 1st floor there is a verbal agreement for the tentants on the ground floor to use the back yard for access only. The dispute started over a dog pooing on thier garden and not cleaning up after the dog. The abuse and threats are causing the 1st floor tenants alot of grief and heartache. I was called after their rear gate was damaged by the ground floor tenants and missing. I took details and visited the ground floor tenants who eventually admitted to one of thier friends being drunk at the time while damaging thier gate. He agreed to contact the landlord and sort it out with them. At this stage I hadnt spoken to the Land Lord of the flats.

Moving on I was in two minds whether to warn the ground floor tenants for Harrassment but after speaking to my Supervisior he said it wasnt suitable because they were neighbours and live so close to each other and aften pass each other in the back yard.

I tend to try and negotiate and speak to all parties first and if the flat ot house is rented then speak to the landlord. I believe there is always two sides to each story. Its so easy to feel sorry for one party and not get the true story from the other party. Neighbours really have to try and get on. Im not sure if one can warn the other party for harrassment in your case and because no case of Criminal damage has taken place then Im not sure what esle could. Im hoping a more experience PC or SC can shed some light on this topic. Regards Rob

Harrassment Orders would effectively keep been triggered as they are too close together so would become worthless, especially as the proximity of each other would likely cause issues to worsen. That said there may be possible alternatives.

An ABC (Acceptable Behaviour Contract) is a signed agreement between the Police and/or Partner Agency and the 'offending' party. Failure to comply would lead to what ever the breach was casued by been dealt with, as well as amounting evidence for ASBOs, Evictions or HN1s etc

'Behaviours' can be a varity of things, such as not associating with certain people, not conducting certain activies, or indeed doing others. So say-

1. Committing no damage to neighbours property
   
2. Keeping noise levels with in acceptable, legal levels <insert figure/other bench mark such as no police attendance>.
   
3. No instances of public drunkeness out side of home address, amounting to ASB
   
4. Keeping dog foul to a reasonable and acceptable level, as defined by <Environment Health/personal, writtten agreements etc>.
   

Such points are agreed and signed by all parties, these conditions/behaviours should really be supported by positives and encouragments as well such as, 'to help with keeping the dog foul acceptable, have some dog scoops/bags' or 'have some drink dependance courses'. NCALT has a lovely training package on them called - Tackling Anti-Social Behaviour.

This is really a carrot and stick method of doing things, which if ignored can lead to sticks. My first action however would be to book a mediation session between both parties and aire and issues, to encourage communication and understanding. Neutral ground should be found for this, a police station interview room or better still, a community centre. Not the only way, but certainly a way i would try, before overt threats of arrest for substative offences.

Hope that helps.

J

[Administrative Account 7]

Bit late sorry,

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Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor.

[prolixia 704]

Thanks - I appreciate the disclaimer.

I'm reluctant to get involved personally. My friend has imagess of me banging on the door, flashing my warrant card and telling the neighbour he's entirely in the wrong and that I'm going to nick him if he doesn't leave it. I'd much rather point her in the direction of something more appropriate.

An ABC sounds like a pretty good idea. I suspect the neighbour would be placated to some extent by an assurance that something was being done to keep the cat away from his property and might then back down enough to agree to act more reasonably himself. Cat repellent etc. isn't an option since the neighbours have their own cat.

I'll suggest it. Thanks!

[F14tomcat 0]

My sister in law lives next to someone who has been served with a harrassment notice for persistent abuse and false complaints about noise etc often reporting to the counsel or police. On Saturday she did it again when two police officers were called out on a 999 call on the pretext that she thought that there was domestic violence taking place, in fact, there were 4 of us having a dinner party playing Articulate, we know how to party! Despite a huge backlog of such incidents the police still respond and are now the instrument of her continued harrassment and thus not in direct breach of the notice. The two officers were very understanding but still nothing is done against the nutter next door either for wasting police time or for the continued harrassment. They are at there wits end. What else can they do if the police refuse to take further action. My understanding is that the next stage is an ASBO, what would be grounds for the ASBO in this situation? What happens after that, as there is no expectation she will stop until she is locked up somewhere under the mental health act. Its not just my sister in law, there are harrassment notices served on her from her other neighbour and those living opposite. Sooner or later someone will take the law into their own hands. Please can someone give some advice. Many thanks

[Sappmer 219]

I have a very pleasant neighbour who loves my dog. He's constantly trying to get it's attention by screaming and shouting at it, tapping on the window, banging on the fireplace exhust thingy (he has to walk past our house to get to his), and jingling his keys at our garden fence. This also causes the dog to bark.

A number of times this has escalated to him verbally abusing us on our doorstep, taking photographs of the inside of our house, throwing stuff at myself and the dog over the fence, and kicking down the fence (which is wise when you are provoking a fairly large German Shepard that has just been hurt by flying stones).

On all these occassions the police have been called out and for about four months it stops, before it starts building up again. And it always does.

At the moment he seems to be quite calm, because six months ago I had a knock on my door from Virgin asking if they could use our property to connect him up to broadband...

[Administrative Account 7]

In relation to this new post just made I shall repeat our disclaimer

My sister in law lives next to someone who has been served with a harrassment notice for persistent abuse and false complaints about noise etc often reporting to the counsel or police. On Saturday she did it again when two police officers were called out on a 999 call on the pretext that she thought that there was domestic violence taking place, in fact, there were 4 of us having a dinner party playing Articulate, we know how to party! Despite a huge backlog of such incidents the police still respond and are now the instrument of her continued harrassment and thus not in direct breach of the notice. The two officers were very understanding but still nothing is done against the nutter next door either for wasting police time or for the continued harrassment. They are at there wits end. What else can they do if the police refuse to take further action. My understanding is that the next stage is an ASBO, what would be grounds for the ASBO in this situation? What happens after that, as there is no expectation she will stop until she is locked up somewhere under the mental health act. Its not just my sister in law, there are harrassment notices served on her from her other neighbour and those living opposite. Sooner or later someone will take the law into their own hands. Please can someone give some advice. Many thanks

Our standard disclaimer: This forum is not intended as a legal advice drop-in centre. PoliceSpecials.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this site, including - but not limited to - the documents available in the 'Reference Library' and 'Downloads' areas.

Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor.

[SCstaffs 0]

If by notice you mean and ABC or some such is in place, then yes, a ASBO is the follow up. Evidence of this is either failure to abide by the ABC conditions or failure to even accept the ABC could evidence a ASBO. As with everything, the more evidence the better though. Depending on the nature of the residence, then the housing officer could get involved, I'd suggest speaking to your local PCSO and/or local neighbourhood policing Sgt to get area specific advice.

J