Protection from Harassment Act 1997 meaning

Under the Protection from Harassment Act 1997 (PHA 1997), pursuing a course of conduct that amounts to harassment is a criminal offence; the Act also creates a civil wrong permitting claims for damages and supporting injunctions. Both the High Court and the county court may grant injunctions restraining harassment to protect individuals. Where a client cannot rely on Pt IV of the Family Law Act 1996 (FLA 1996) because eligibility criteria are not met, or where compensation is sought for anxiety caused by harassment and for any resulting financial loss, recourse may instead be available under the PHA 1997. Conversely, if the harasser and the victim are ‘associated persons’ as defined in FLA 1996, s 62(3), the FLA 1996 often provides broader and potentially more suitable remedies, particularly where occupation of the family home is in issue. Proceedings brought under the PHA 1997 are not treated as ‘family proceedings’, and applications are determined under the Civil Procedure Rules 1998, SI 1998/3132 (CPR). Criteria The relevant statutory provisions are...

Taiwo v Homelets of Bath Ltd [2025] EWHC 3173 (KB) What are the practical implications of this case? For the purposes of CJCA 2015, s 57, a claim seeking damages for anxiety stemming from harassment under the Protection from Harassment Act 1997 is to be treated as a personal injury claim. Consequently, where such a claim is held to be fundamentally dishonest, it must be dismissed unless the court is persuaded that dismissal would lead to substantial injustice. Where fundamental dishonesty is established, the court may: dismiss the whole claim, including components to which no dishonesty is attributed award indemnity costs disapply QOCS protection in respect of enforcement make adverse costs orders for hopeless or abusive appeal conduct The judgment also underlines that persisting with meritless grounds of appeal, particularly in an undisciplined fashion involving repeated applications and iterative documents, can warrant both adverse costs orders and the imposition of a civil restraint order. Finally, lawyers who provide...

What are the practical implications of this case? This ruling underlines that, even where no defendant(s) have been identified, the court may still grant appropriate relief, and the absence of named parties will not block remedies, in suitable and proportionate terms. What was the background? The claimant, a transgender woman employed as an escort using a professional alias, issued a harassment claim under the Protection from Harassment Act 1997 after multiple online posts appeared about her, including assertions that she had HIV/AIDS, alongside other details or supposed details about her sexual life, and her physical and mental health. As the claimant could not identify the perpetrator, an interim injunction was made against persons unknown to prevent ongoing harassment and/or the continued misuse of her private information. The order was served on two non-party websites...

X v Lord Advocate [2025] UKSC 44 Background In this appeal, the Supreme Court was invited to determine whether the Crown bears vicarious responsibility for civil wrongs said to have been carried out by John Brown while he was a sheriff (a member of the Scottish judiciary). The pursuer, a practising lawyer, maintains that Mr Brown is liable in delict (the Scots law counterpart to the English law concept of tort) for assaulting her on three separate occasions. Two incidents allegedly took place in the court building where he sat as a sheriff, and a third occurred on a train. After she complained about his behaviour, he also attempted to contact her on her mobile phone. The pursuer further contends that the sheriff is liable for those assaults and, treating the four incidents together, for harassment contrary to the Protection from Harassment Act 1997. The factual issue of whether the sheriff committed the alleged delicts remains unresolved. That is because the courts were first tasked with addressing a...

The basic offences of harassment under section 1(1) and 1(1A) of the Protection from Harassment Act 1997 (PHA 1997) can only be tried summarily. For the aggravated offence, see Practice Note: Intentional harassment, alarm or distress. For guidance on civil remedies available to victims, see Practice Note: Applications under the Protection from Harassment Act 1997. The elements of the basic offences For an offence under PHA 1997, section 1(1), the prosecution must establish that the defendant: pursued a course of conduct that amounted to harassment of another person and knew, or ought to have known, that this conduct amounted to harassment of that person For an offence under PHA 1997, section 1(1A), the prosecution must establish that the defendant: pursued a course of conduct involving the harassment of two or more individuals and knew, or ought to have known, that the conduct involved harassment of those individuals; and intended by that conduct to persuade any person...

This Practice Note addresses ‘traditional’ occupational stress claims, clarifies what amounts to occupational stress, and considers claims under the Protection from Harassment Act 1997 (PHA 1997). See also Practice Note: Occupational stress—establishing liability. ‘Traditional’ occupational stress claims These matters concern situations where a claimant has sustained a distinct psychiatric injury arising from pressures encountered at work. ‘Occupational stress’ is a descriptor of the context in which the psychiatric illness has arisen; it does not denote any specific diagnosis. It serves as context rather than a clinical classification. Any recognised psychiatric condition that has foreseeably emerged due to workplace stresses may, in principle, ground an occupational stress claim. Accordingly, liability rests on recognised psychiatric harm arising from workplace pressures. Where a claimant is experiencing occupational stress (ie stress at work) and lacks a recognisable psychiatric injury, no claim of this sort lies. See Practice Note: Recognised psychiatric illness. What constitutes occupational stress? The Health and Safety Executive employs the term ‘stress’ and defines it as the ‘adverse...

This Practice Note outlines the six criminal offences under the Protection from Harassment Act 1997 (PHA 1997), such as harassment, causing fear of violence and stalking. It highlights the criminal remedies open to those targeted, including restraining orders made under PHA 1997. It also reviews civil avenues, for example damages for distress, injunctions and exclusion zones. The Note explains the process under the Civil Procedure Rules 1998 (CPR), covering who may apply and the appropriate court. It includes guidance on breach of injunction, undertakings, warrants of arrest and the assessment of damages. Where clients cannot rely on the Family Law Act 1996 (FLA 1996) because they fail to meet the criteria or eligibility, or where compensation is pursued, relief may instead be available under PHA 1997. See Practice Note: Domestic violence non-molestation orders. However, if the victim and the harasser or molester are ‘associated persons’ within FLA 1996, s 62(3), the remedies in the 1996 Act are broader and potentially preferable. Any concurrent claims brought under PHA 1997 and FLA...

[ In the County Court at [ insert ] OR in the High Court of Justice ] [ [ Specify division ] ] [ [ Specify specialist court ] ] [ [ Insert location ] District Registry ] Claim No. [ insert claim number ] Between [ Insert name and details of the Claimant ] Claimant -and- [ Insert name and details of the Defendant ] Defendant Particulars of claim 1 At all relevant times, the Claimant was in the employment of the Defendant as a [ insert Claimant’s job title and location eg mail sorter at its Islington office ] and was acting within the scope of [ his OR her ] employment. The Claimant’s employment began on [ insert date ]. Throughout this period, the Claimant reported to [ insert name of Claimant’s line manager, eg Mr Bloggs ]. [ Mr Bloggs’ ] own manager was [ insert name, eg Mr Jones ]. The Defendant’s Managing Director was [...