Solicitor's letter to stop harassment: what it says and when it works

A solicitor's letter is usually the quickest and least expensive way to stop harassment. We write to the person responsible, set out what they have done, explain why it is harassment under the Protection from Harassment Act 1997, and tell them what they need to do and by when: stop all contact, delete the posts, and sign an undertaking not to do it again. In many of our cases the harassment stops at this point, within days, without anyone going to court. Where it does not, the letter becomes the first step towards an injunction.

This article explains what the letter says, what it can achieve, when it is the wrong step, what happens if it is ignored, and what it costs. It covers England and Wales.

What a solicitor's letter to stop harassment does

The letter puts the person on formal notice that their conduct is harassment and that you are prepared to go to court. That notice matters. Under section 1 of the 1997 Act, harassment is conduct the person knows or ought to know amounts to harassment, and after a clear letter they can no longer say they did not realise.

A well-judged letter usually achieves one or more of these results:

• the contact, posts or messages stop;
• the person deletes what they have published, or amends it;
• they sign an undertaking not to contact you or publish about you again;
• in some cases, they agree to pay a contribution to your legal costs, or damages.

The letter also changes the position if the matter does go further. It shows a court that the person was warned clearly and chose to carry on, which strengthens an application for an injunction and the case for costs.

What the letter says

The letter sets out the facts, the law and what you require, in a tone the recipient cannot mistake for an opening bid. In our office it usually covers these points, in this order.

• Who we act for, and why we are writing. A short statement that you have instructed us about their conduct towards you.
• What they have done. The messages, posts, calls or visits, with dates and examples, so there is no room to claim a misunderstanding.
• Why it is harassment. Section 1 of the Protection from Harassment Act 1997, the course of conduct, and the effect on you. Where posts are also false or private, the letter can add defamation, misuse of private information or data protection.
• What you require. Usually, no further contact, direct or indirect; deletion of named posts and accounts; and a signed undertaking.
• The deadline. Usually seven to fourteen days, shorter where the risk is higher.
• What happens next. A claim under section 3 of the Act for an injunction, damages and costs, without further warning.

Where the harassment is carried out by publication, such as posts, websites or reviews, the Pre-Action Protocol for Media and Communications Claims sets out what a letter of claim should contain before proceedings are issued. For other harassment claims, the Practice Direction on Pre-Action Conduct applies. Following them matters, because a court can penalise a party in costs if the pre-action steps were skipped.

The position you take in the letter binds you for the rest of the matter. What you demand, what you say about the facts and what you threaten will be read by the other side, and possibly by a judge. That is the main reason to have a specialist write it.

When a letter is the right step, and when it is not

A letter works best when we know who the harasser is and they have something to lose. It is the wrong first step when the person is anonymous, when your safety is at risk, or when warning them could lead to evidence being destroyed.

In our experience a letter tends to work well against people with a job, a business, a professional registration or a reputation in their community, and against people who do not realise how the law treats what they are doing. It tends to work less well against people who are anonymous, who live abroad with nothing to lose in the UK, or whose behaviour is driven by obsession rather than calculation.

We would usually take a different first step in these situations:

• The harasser is anonymous. A letter needs an address. Our in-house open-source intelligence team usually identifies the person first, and where that is not enough, we apply for Norwich Pharmacal orders for social media. Our guide to exposing internet trolls explains how this works.
• You are at risk of harm. Call 999 if you are in immediate danger. Where the risk is serious, obtaining an emergency injunction can be quicker than waiting for a reply, and a court can make an order within twenty-four hours in urgent cases.
• Evidence could disappear. We preserve the posts, pages and messages, with their links and dates, before the person learns that you have instructed solicitors.
• The harassment has already continued after a warning. If the person has ignored the police or earlier letters, going straight to court is usually the better use of your money.

You can report to the police at the same time. Our guide to reporting harassment to the police: what happens next, and when to sue explains how the two routes fit together.

What happens after the letter is sent

Most recipients reply within the deadline, usually through a solicitor. Some agree to everything, some agree to part and argue about the rest, and some ignore the letter altogether. Each leads somewhere different.

• They agree. We check that the posts have gone and take a signed undertaking. An undertaking given in a letter is a promise between you and them, not a court order. If it is broken, we would usually apply for an injunction, and breaching an injunction is a criminal offence.
• They agree in part. We negotiate. Sometimes a practical compromise, such as editing a post rather than removing it, gets you the result faster and lowers the temperature.
• They deny it or ignore the letter. We advise on applying for an online harassment injunction and a claim for damages. Breaching an injunction made under section 3 of the 1997 Act is a criminal offence under section 3(6).
• They escalate. This is uncommon, but it happens. We would usually move straight to court and, where appropriate, give the evidence to the police.

If you are the person who has received a harassment warning from the police rather than a solicitor, our article on police harassment warnings explains what it means for you.

Cases where our letter made the difference

These cases show the letter working on its own, and what happens when it is ignored. Identifying details have been changed in the anonymised accounts.

A hate website taken down after one letter

Our client had been targeted for more than a decade by an anonymous website, with fake profiles sharing it with colleagues and family. Our open-source intelligence team traced the site to its owner, who worked for a major financial institution, despite a false name on the domain registration. We wrote to her with the evidence and set out the consequences. She took the website down, and neither a police investigation nor a court case was needed. Read what to do if someone creates a harassing website about you.

Two years of posts about a will-writing business stopped without court

The founder of a will-writing company had spent months reporting false posts accusing her of fraud, made under several false names across Facebook groups and review sites. We preserved the evidence, sent a letter of claim to the person behind the posts, and pressed the platforms at the same time. Most of the content was removed or amended, a damaging review was deleted, and the posting stopped. Read the solicitor harassment on Facebook case study.

A letter ignored, and an injunction from the High Court

A former temporary interpreter at the International Maritime Organisation created four websites attacking his former manager, with photographs taken without her consent. He did not respond to our letter, so we applied for an injunction under the Protection from Harassment Act 1997. Mr Justice Cranston granted it and ordered the websites deleted. Read about a harassment injunction following online harassment of a former employer, and more of our online harassment case studies.

What a solicitor's letter costs

The letter is usually the least expensive step in a harassment case. After the consultation we give you a written estimate for the letter, based on how much evidence there is to go through and how many people it needs to go to, and for each step that might follow. If the letter is ignored, our guide to harassment injunction cost sets out the ranges for the next stage, and in some cases we can act on a no win no fee basis once we have assessed the prospects.

You can read more about how we act for victims on our harassment solicitors page.

What outcome you can realistically expect

Where we know who the harasser is, the most common outcome is that the conduct stops within the letter's deadline, usually with the posts removed or amended and a signed undertaking. Where material is on a platform, legal notices sent alongside the letter usually lead to removal within days to a few weeks.

Where the letter is ignored, an interim injunction can usually be in place within days, and most contested cases end with the other side giving undertakings to the court rather than going to trial. Damages for harassment commonly range from the low thousands to the low tens of thousands of pounds.

The risks are worth weighing. The recipient may argue that their conduct was reasonable, or that they were acting to prevent or detect crime, which is a defence under section 1(3) of the 1997 Act. The Supreme Court held in Hayes v Willoughby [2013] UKSC 17 that someone relying on that defence must have thought rationally about whether their conduct was justified. A letter can also provoke someone who is not thinking rationally, which is why we assess the person before we write.

Frequently asked questions

Can a solicitor send a letter to stop harassment?

Yes. A solicitor can write to the person harassing you, set out what they have done and the law that applies, and require them to stop within a deadline. The letter usually asks for a signed undertaking and warns that a claim for an injunction and damages will follow if the conduct continues.

Does a solicitor's letter work?

In many of our cases, yes. A letter from a firm that is known to go to court tends to stop the conduct, particularly where the person has a job, a business or a reputation to protect. It works less well against someone who is anonymous, unstable or determined to carry on whatever the cost, which is why we assess that before we write.

What should a letter to stop harassment say?

It should identify the conduct with dates and examples, explain why it amounts to harassment under the Protection from Harassment Act 1997, say what you require (stopping contact, deleting posts, a signed undertaking), give a deadline, and explain what will happen if the person does not comply.

What happens if the harasser ignores the letter?

We usually apply to court for an injunction. The letter helps at that stage, because it shows the court that the person was told clearly that their conduct was harassment and chose to carry on. Breaching an injunction made under section 3 of the 1997 Act is a criminal offence.

Is a solicitor's letter the same as a police harassment warning?

No. A police information notice, sometimes called a harassment warning, comes from the police and is recorded by them. A solicitor's letter is a step in a civil claim that you control. It can ask for things the police cannot, such as deleting posts, a signed undertaking and a contribution to your costs.

Can I send a harassment letter myself?

You can, but a letter from you is sometimes read as a continuation of the dispute, and a badly worded one can make things worse or be used against you later. A letter from a solicitor carries the realistic prospect of court proceedings, which is what usually changes behaviour.

Can a solicitor's letter itself be harassment?

A single letter setting out a genuine legal claim is very unlikely to be harassment, because harassment needs a course of conduct and pursuing a legitimate claim is usually reasonable. Repeated, aggressive letters with no genuine claim behind them could be different, which is one reason to have the letter written by a solicitor.

How much does a solicitor's letter to stop harassment cost?

The letter is usually the least expensive step in a harassment case. After the first consultation, which is charged at the fixed fee shown in this article, we give you a written estimate for the letter and for each step that might follow, so that you decide stage by stage.