It can be extremely distressing when you report behaviour that feels intrusive, frightening, or persistent, only to be told that the police will not classify it as stalking. Many people in this situation feel unheard and unsure of what to do next, especially when the police appear to dismiss relevant information or focus solely on whether a lawyer has used a specific label. Understanding the legal framework and the steps you can still take can help bring clarity during a very stressful experience.
Understanding the issue or context
You have reported concerning behaviour to Police Scotland. They have told you that unless your lawyer formally states that the behaviour amounts to stalking, they will not treat it as such. You also mentioned an online advice service, but they did not engage with that information.
It is completely understandable to feel frustrated and uncertain because:
- stalking does not depend on a lawyer’s label
- police should assess the conduct itself, not who has described it
- victims often feel they are being dismissed or minimised
- you may worry the behaviour will continue without action
Knowing how stalking is defined — and how the police should approach such reports — can help you understand your position.
The legal rules or framework
The definition of stalking
In Scotland, stalking is a criminal offence under Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010.
The law focuses on behaviour, not on whether a lawyer uses the word “stalking”.
The police must consider whether there has been:
- a course of conduct (usually two or more incidents), and
- behaviour that causes you fear, alarm, or distress, such as:
- repeated messages
- following or watching
- persistent unwanted contact
- monitoring your movements
- threats or intimidation
A solicitor’s label is not a condition of the law being applied. The police must assess the facts you report, not rely on third-party terminology.
Police duties
Police Scotland has responsibilities under:
- the Victims’ Code for Scotland, and
- national guidance on handling stalking and harassment
This requires them to:
- record your report accurately
- assess risk
- investigate proportionately
- explain their decision-making
They should not refuse to classify a matter purely because a lawyer has not used a particular wording.
Complaint and escalation routes
If you feel your report is not being taken seriously, you can:
- request a review by a supervising officer
- make a formal complaint to Police Scotland Professional Standards Department
- ask for referral to advocacy support, such as Victim Support Scotland or specialist stalking services
A complaint will not change an immediate decision, but it can ensure your concerns are formally reviewed and may lead to revised handling.
Practical steps to take (step-by-step guidance)
- Clarify exactly what behaviour has occurred
Prepare a timeline showing dates, messages, phone calls, visits, or online activity. Police rely on clear, chronological information. - Ask Police Scotland to explain their decision in writing
This provides clarity and gives you material to rely on if you escalate the matter. - Request a supervisory review
You are entitled to ask for a sergeant or inspector to reconsider the classification of your report. - Speak to your solicitor if you have one
While a lawyer does not need to label it as stalking, a short written statement may help reinforce the seriousness of your concerns. - Consider sending a formal complaint
A complaint should focus on:- the refusal to assess the behaviour under the legal definition
- the failure to consider risk
- the reliance on terminology rather than evidence
- Seek support from a stalking advocacy service
Organisations such as the Suzy Lamplugh Trust / Scottish Women’s Aid / Victim Support Scotland can help you prepare a clearer report. - Keep all evidence securely
Screenshots, messages, call logs, and witness notes can be vital if the behaviour escalates or the police reconsider your case later.
Common pitfalls to avoid
- Not documenting everything
The stronger and clearer the evidence, the harder it is for police to minimise the behaviour. - Relying only on verbal conversations
Always follow up in writing so your concerns are recorded formally. - Assuming the matter cannot be escalated
Police Scotland has clear processes for review and investigation. - Allowing the lack of initial action to stop you reporting further incidents
Every new incident strengthens the case.
Frequently Asked Questions
Does a lawyer need to say the behaviour is stalking before police can act?
No. Stalking is defined by the law, not by a lawyer’s label. The police must assess the behaviour you report.
Can I ask for a different officer to review my report?
Yes. You can request a supervisory review if you feel the officer did not apply the law correctly.
Is it worth complaining to Police Scotland?
Yes. A complaint will not immediately change the decision but can lead to the matter being re-evaluated and ensures your concerns are on record.
Can I still report new behaviour?
Absolutely. Each new incident should be recorded, even if the initial response was unsatisfactory.
Will this affect my immigration status?
No. Being a victim of harassment or stalking does not affect your immigration position.
Do I need a solicitor to pursue this?
Not necessarily, but a solicitor can help you present information in a clear, structured way if the police are not engaging properly.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.