Protection from Harassment Act 1997: A London Solicitor's Guide

The Protection from Harassment Act 1997 is the main piece of legislation used across England and Wales to deal with stalking, persistent harassment and behaviour that causes alarm or distress. It received royal assent on 21 March 1997 and was originally aimed at the problem of stalking, but Parliament deliberately drafted it in broad terms so it could also cover racial harassment, anti-social behaviour by neighbours, workplace bullying and, increasingly, online abuse.

What makes the Act distinctive — and useful to victims — is that it works on two tracks at once, as set out in the House of Commons Library's briefing note on the Act. It creates criminal offences that the police and Crown Prosecution Service can pursue, and it gives victims a separate civil right of action, meaning a solicitor can apply for an injunction and damages through the county court even where a criminal case has stalled or was never reported. For residents of Tooting, Wandsworth, Merton and the wider London area, our civil litigation team advises on both routes side by side, so clients are never limited to whichever option the police happen to pursue.

What Counts as a "Course of Conduct"

Under the Act, harassment normally has to involve conduct on at least two occasions before it meets the legal threshold — this is known as a "course of conduct" and can include repeated messages, unwanted visits, following someone, or a sustained campaign of comments, whether in person, by phone or through social media. Special provisions also allow the Act to cover harassment aimed at two or more people with the intention of persuading them to act, or not act, in a particular way — for example, campaigns targeted at a person's relatives or colleagues.

The Criminal Offences

The Act creates several distinct offences, and understanding which one applies to a case affects both the police response and the likely sentence:

• Section 2 — harassment: pursuing a course of conduct which amounts to harassment of another person, and which the defendant knew or ought to have known amounted to harassment. This is a summary offence, dealt with in the Magistrates' Court.
• Section 2A — stalking: introduced in 2012, this offence applies where the harassment involves recognised stalking behaviours, such as following a person, monitoring their communications, or loitering in a place they frequent.
• Section 4 — putting a person in fear of violence: a more serious, either-way offence where the course of conduct causes the victim to fear, on at least two occasions, that violence will be used against them.
• Section 4A — stalking involving fear of violence or serious alarm or distress: the maximum custodial sentence for this offence was doubled from five to ten years from April 2017, reflecting Parliament's recognition of the severe, cumulative harm stalking can cause.

The Civil Remedy: Injunctions and Damages

Section 3 of the Act allows a victim to bring a civil claim for an injunction to stop the harassment, alongside damages for anxiety and any financial loss caused by the conduct. A breach of a civil injunction granted under the Act is itself a criminal offence, giving victims a genuine enforcement mechanism even where the police have been reluctant to charge. Our civil litigation team regularly advises clients on whether a civil injunction, a criminal complaint, or both in parallel, gives the fastest and most effective protection.

Harassment and stalking are far more common than most people realise, and prosecution rates remain low relative to the scale of the problem — one of the main reasons victims benefit from a solicitor who can pursue a civil injunction rather than relying on a criminal charge alone.

The Picture in London

London-specific data shows why local, borough-aware advice matters. The Metropolitan Police recorded 58,490 stalking and harassment offences in the year ending June 2024, a 5% fall on the previous year — a smaller decrease than the 11% drop recorded across England and Wales as a whole, meaning reporting rates in the capital remain comparatively high (South West Londoner, citing ONS data). More recent figures from the Greater London Authority's State of London report show stalking and harassment offences rose by 14.3% between the 2024/25 and 2025/26 reporting periods, even as several other violent crime categories fell, underlining that this is not a declining problem for London boroughs.

The Mayor's Office for Policing and Crime (MOPAC) published a dedicated deep-dive review of stalking in London in 2024, following concerns raised by the London Victims' Commissioner about evidential difficulties in Metropolitan Police investigations — including cases closed under "Outcome 16", where a suspect is identified but the victim does not support further police action. This is precisely the gap a civil injunction under the Act is designed to fill: it does not depend on the police pursuing a criminal charge. If you believe your case has stalled with the police, our human rights team can advise on next steps.

Our civil litigation and human rights team handles Protection from Harassment Act matters for both individuals seeking protection and, where instructed, those responding to allegations. We combine this with our experience in domestic abuse, family law and immigration, since harassment cases frequently overlap with these areas.

Applying for a Harassment Injunction

We prepare and issue applications for non-molestation orders and section 3 injunctions, gather supporting evidence such as message logs and witness statements, and represent clients at without-notice and inter partes hearings.

Reporting Stalking or Harassment to the Police

We advise clients on building an evidence file the police and CPS can act on, help clients understand the difference between section 2, 2A, 4 and 4A offences, and liaise with officers where a case has stalled. If a report involves a partner, ex-partner or family member, see our page on domestic abuse for related routes to protection.

Defending Allegations Under the Act

Where a client is accused of harassment — including in neighbour, workplace or family disputes — we advise on defences such as conduct pursued for the prevention or detection of crime, or conduct that was reasonable in the particular circumstances. Where family relationships are involved, our family finance disputes team can advise alongside us.

Civil Claims for Compensation

We bring section 3 civil claims for damages covering anxiety, distress and financial loss, including costs incurred as a result of having to change address, employment or daily routine because of the harassment. See our fixed-fee options for individuals and businesses.

Many London firms list "harassment" as one of dozens of practice areas without dedicated capacity to handle it quickly. Here is how our approach compares with a typical general-practice high-street firm:

While our office sits in Tooting, our Protection from Harassment Act clients come from across Greater London. We regularly appear at county courts and magistrates' courts across the capital and can arrange remote consultations for clients who cannot travel to SW17.

• Legislation.gov.uk — Protection from Harassment Act 1997, c.40
• House of Commons Library — The Protection from Harassment Act 1997 and Stalking Protection Orders briefing notes
• Office for National Statistics — Crime Survey for England and Wales, stalking and harassment data
• HMCPSI — Stalking Inspection Scope, 2025
• Metropolitan Police / South West Londoner — recorded stalking and harassment offences, year ending June 2024
• Greater London Authority — State of London report, crime data 2025/26
• MOPAC — Stalking in London: A Deep Dive, July 2024