Threats and Harassment - Legal Remedies When Staff Need Protection From Patients

Originally published in April 2003

RadcliffesLeBrasseur is regularly asked to advise on the legal remedies available to ensure, as far as possible, that patients who have demonstrated or threatened violence do not return to the premises of the healthcare provider and put staff at further risk. Enquiries are often raised as to whether a patient can be prevented by Court Orders from entering not only a hospital or GP premises, but also a wider area around the premises. Such remedies are available both under the Protection from Harassment Act 1997 and the general jurisdiction of the Courts under the common law.

What constitutes harassment?

The Protection from Harassment Act 1997 makes it an offence for a person to pursue a course of conduct 'which amounts to harassment of another '.In order...