Stalking and Harassment

What is Stalking and Harassment?

Stalking can have a severe effect on a victim's safety, mental health, employment, relationships and daily life.

It is not simply unwanted attention or an isolated disagreement. Stalking normally involves repeated, unwanted and obsessive or fixated behaviour that causes fear, alarm or serious distress.

Victims may change their routines, avoid particular places, stop using social media or even move home because of the perpetrator's conduct.

Concerns About the Police Response

A joint inspection published in 2017 found serious failings in the way police and prosecutors dealt with stalking and harassment.

Inspectors reviewed 112 cases and found that none had been dealt with entirely satisfactorily.

Problems included:

• stalking being incorrectly recorded as harassment;


• individual incidents being investigated separately rather than as a pattern;


• inadequate risk assessments;


• failure to identify escalation;


• insufficient protection for victims;


• poor use of available court orders; and


• cases being charged as less serious offences.

Although training and guidance followed, a further super-complaint led by the Suzy Lamplugh Trust resulted in another major report in September 2024.

That investigation again concluded that significant changes were required to ensure stalking reports were recognised, investigated and managed consistently.

What Is the Difference Between Stalking and Harassment?

Stalking and harassment offences are principally contained in the Protection from Harassment Act 1997.

Harassment generally involves a course of conduct that causes alarm or distress and that the perpetrator knows, or ought to know, amounts to harassment.

Stalking is a form of harassment involving behaviour that is fixated, obsessive, unwanted and repeated.

The legislation does not provide a complete definition of stalking. Instead, it provides examples of conduct that may constitute stalking.

Examples of Stalking Behaviour

Stalking may include:

• following someone;


• repeatedly contacting or attempting to contact them;


• sending unwanted messages, emails, letters or gifts;


• monitoring social-media activity;


• publishing material about the victim;


• contacting the victim's relatives, friends or employer;


• watching or waiting outside the victim's home or workplace;


• tracking a telephone, vehicle or electronic device;


• using spyware or accessing online accounts;


• making false complaints about the victim;


• damaging property;


• ordering goods or services in the victim's name; and


• threatening the victim or someone close to them.

Individually, some acts may appear minor. Their significance often becomes clear only when they are considered as part of a continuing pattern.

A Course of Conduct

Most stalking and harassment offences require a course of conduct involving behaviour on at least two occasions.

The conduct does not need to be identical each time.

For example, a perpetrator may:

• send a message;


• appear outside the victim’s workplace;


• contact a relative; and


• later damage the victim's car.

These events should not automatically be treated as unrelated incidents. Together, they may demonstrate an escalating course of stalking.

The Main Criminal Offences

The Protection from Harassment Act includes offences of:

• harassment;


• stalking;


• harassment involving fear of violence; and


• stalking involving fear of violence or serious alarm or distress.

The more serious stalking offence may apply where the conduct causes the victim to fear violence or causes serious alarm or distress that has a substantial adverse effect on their usual daily activities.

This may include the victim:

• changing routes to work;


• stopping social activities;


• moving home;


• changing employment;


• installing additional security;


• avoiding leaving home alone; or


• suffering serious psychological effects.

Possible Sentences

Basic stalking or harassment can carry a maximum sentence of six months' imprisonment.

Stalking involving fear of violence or serious alarm or distress can carry a maximum sentence of ten years' imprisonment.

Racially or religiously aggravated offences can carry higher maximum sentences.

The sentence will depend on factors including:

• the length and intensity of the behaviour;


• threats or violence;


• the victim’s vulnerability;


• use of surveillance or tracking;


• breach of an order;


• damage to property;


• the psychological harm caused;


• planning and persistence; and


• previous offending.

Stalking by a Former Partner

Stalking frequently occurs after the end of an intimate relationship.

A former partner may attempt to describe repeated contact as an effort to discuss children, property or the relationship. A genuine disagreement does not excuse obsessive, threatening or controlling conduct.

Post-separation stalking may overlap with:

• domestic abuse;


• controlling or coercive behaviour;


• criminal damage;


• malicious communications;


• revenge pornography;


• breach of a restraining order; or


• violence and threats.

Separation can be a period of increased risk, and repeated behaviour should be reported promptly.

Online and Digital Stalking

Stalking can take place entirely or partly through digital technology.

Examples include:

• repeated messages from multiple accounts;


• impersonating the victim online;


• publishing private information;


• tracking location through applications;


• accessing email or social-media accounts;


• installing spyware;


• using smart-home devices to monitor or frighten the victim;


• posting false allegations; and


• encouraging others to contact or abuse the victim.

Blocking one account may not end the conduct if the perpetrator creates new accounts or uses other people to continue the contact.

Reporting Stalking to the Police

Call 999 if there is an immediate danger, violence is taking place, or the perpetrator is nearby, and the victim feels at risk.

Non-emergency stalking can be reported to the police by calling 101, attending a police station or using the relevant police force's online reporting service.

When reporting the behaviour, explain:

• that the conduct is repeated;


• why it appears fixated or obsessive;


• whether it is escalating;


• any threats or references to violence;


• the effect on daily life;


• whether the perpetrator has access to weapons;


• whether children or relatives are at risk;


• whether previous orders have been breached; and


• whether the perpetrator has stalked anyone before.

Ask the police to record the incidents as a connected course of conduct rather than as isolated events.

Keeping Evidence

Victims should preserve evidence where it is safe to do so.

Useful evidence may include:

• a diary recording dates, times and locations;


• screenshots of messages and posts;


• emails and letters;


• voicemails;


• telephone records;


• photographs or CCTV footage;


• vehicle registration details;


• details of gifts or deliveries;


• witness information;


• medical records; and


• evidence of changes made to work, travel or daily routines.

Do not place yourself in danger to collect evidence and do not engage with the perpetrator merely to obtain further messages.

Do Not Delete Communications

Messages may be upsetting, but deleting them can remove important evidence.

Where possible:

• retain the original communication;


• take screenshots showing dates and account details;


• back up evidence securely;


• avoid editing files;


• record the context; and


• provide copies to the police when requested.

A solicitor, stalking advocate or police officer can advise on preserving evidence safely.

Risk Assessment

The police should identify and assess the risk posed by the perpetrator.

Relevant warning signs may include:

• threats of homicide or suicide;


• access to weapons;


• physical violence;


• forced entry;


• damage to property;


• monitoring or surveillance;


• rapid escalation;


• breach of previous warnings or orders;


• substance misuse;


• jealousy or possessiveness;


• contact with children or relatives; and


• the perpetrator believing they have nothing to lose.

Risk assessment should not replace professional judgment. Stalking can escalate unexpectedly, even where there has not yet been physical violence.

Stalking Protection Orders

A Stalking Protection Order is a civil order intended to protect a person from stalking and manage the perpetrator's behaviour.

The police can apply to a magistrates' court for an order. A criminal conviction is not required before an application can be made.

An order can be used alongside a criminal investigation or where a prosecution cannot yet proceed.

What Can an Order Require?

A Stalking Protection Order may prohibit the perpetrator from:

• contacting the victim;


• approaching the victim’s home or workplace;


• referring to the victim online;


• using particular accounts or devices;


• contacting relatives or friends;


• entering specified locations; or


• possessing equipment used to monitor the victim.

It may also impose positive requirements, such as:

• providing access to electronic devices;


• attending a mental health assessment;


• participating in a behavioural programme;


• attending drug or alcohol treatment; or


• notifying police of specified information.

Breach of a Stalking Protection Order is a criminal offence.

Changes Under the Crime and Policing Act 2026

The Crime and Policing Act 2026 contains further reforms intended to strengthen the response to stalking.

The changes include:

• allowing Stalking Protection Orders to be made in a wider range of circumstances;


• allowing courts to make an order following criminal proceedings without waiting for a separate police application;


• clarifying that the civil standard of proof applies when deciding whether to make an order;


• requiring statutory multi-agency guidance on stalking; and


• guiding when police may disclose a stalker's identity to a victim.

Some provisions may require commencement regulations, guidance or operational implementation before they are fully used in practice.

The Right to Know a Stalker's Identity

A victim may know that they are being watched, contacted or threatened but not know the true identity of the person responsible.

The 2026 reforms provide for statutory guidance to assist police when deciding whether identifying information should be disclosed.

This does not create an unrestricted right to receive all information held by the police.

Any disclosure decision will need to consider:

• the risk to the victim;


• the need to prevent crime;


• the reliability of the information;


• the rights of the person concerned;


• the effect on an investigation; and


• data protection and human rights law.

Restraining Orders

A criminal court may make a restraining order following conviction or, in appropriate circumstances, following acquittal.

The order can prohibit contact or impose other restrictions necessary to protect the victim.

Breach of a restraining order is a separate criminal offence and should be reported immediately.

Civil Injunctions

A victim may also be able to seek a civil injunction under the Protection from Harassment Act.

The court may order the perpetrator to stop specified behaviour.

A civil claim may also seek damages for:

• anxiety;


• financial loss;


• medical expenses;


• lost earnings; and


• other losses caused by the harassment.

Urgent legal advice may be required where an interim injunction is needed before the perpetrator has been notified of the application.

The Police and CPS Response

Police investigators should focus on the pattern of conduct, the suspect's behaviour and the risk to the victim.

The Crown Prosecution Service should consider the complete history rather than assessing each event in isolation.

Evidence may support several offences, but prosecutors should ensure that the charge reflects the seriousness and persistence of the behaviour.

In March 2026, the CPS published a Stalking Action Plan covering 2026 to 2030. It includes work intended to improve:

• recognition of stalking;


• case building;


• charging decisions;


• victim communication;


• use of protective orders;


• training for prosecutors; and


• coordination with police and specialist organisations.

What if the Police Do Not Take the Report Seriously?

A victim who believes the police response is inadequate may:

• ask for the incident or crime reference number;


• ask to speak to a supervising officer;


• request a review of the risk assessment;


• provide a written chronology of the behaviour;


• ask whether a Stalking Protection Order has been considered;


• contact a specialist stalking advocate;


• make a complaint to the police force; or


• obtain legal advice.

Where the police decide not to charge, the victim may have rights under the Victims' Right to Review scheme, depending on which body made the decision and the stage reached.

Personal Safety

The victim should not be expected to manage the offender's behaviour by changing their entire life.

However, a personalised safety plan may reduce immediate risk.

Possible precautions include:

• informing trusted relatives, neighbours or colleagues;


• reviewing home security;


• changing passwords;


• using multi-factor authentication;


• checking devices and vehicles for tracking technology;


• reviewing location-sharing settings;


• varying routines where necessary;


• agreeing a workplace safety procedure;


• keeping emergency numbers accessible; and


• planning a safe place to go in an emergency.

Changing behaviour is a protective measure, not an admission that the victim is responsible for the stalking.

Support for Victims

The National Stalking Helpline is operated by the Suzy Lamplugh Trust and provides specialist information and advice to victims.

The helpline number is 0808 802 0300.

A specialist advocate may help with:

• recognising stalking behaviour;


• preparing a chronology;


• communicating with the police;


• safety planning;


• understanding protective orders;


• workplace concerns; and


• accessing further support.

Do Not Be Deterred From Reporting

Previous reports have identified unacceptable failures by the police and prosecution services, but victims should not be discouraged from reporting stalking.

Repeated reporting can help establish the complete pattern of behaviour and demonstrate escalation.

Every new incident, threat, breach or attempt at contact should be reported and added to the existing crime record where appropriate.

How a Solicitor Can Help

A solicitor may advise on:

• civil injunctions;


• Stalking Protection Orders;


• restraining orders;


• police complaints;


• Victims’ Right to Review applications;


• domestic abuse proceedings;


• online harassment;


• data protection and privacy;


• claims for damages; and


• criminal allegations of stalking or harassment.

Finding a Stalking or Harassment Solicitor

Stalking should be identified and addressed at the earliest possible stage. Conduct that appears minor when viewed separately may reveal a dangerous and escalating pattern when considered as a whole.

Use the search facility at the top of this page to find a solicitor experienced in stalking, harassment, domestic abuse, criminal law or protective injunctions.

Disclaimer

Solicitors.com is not a firm of solicitors. This article provides general information about stalking and harassment law in England and Wales and does not constitute legal advice. Anyone in immediate danger should call 999.

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