The Independent Office for Police Conduct (IOPC), the College of Policing, and His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) have published their findings following a comprehensive investigation into the serious concerns raised in a police super-complaint submitted by the Suzy Lamplugh Trust on behalf of the National Stalking Consortium in 2022.

The investigation included interviews with victims of stalking, a thematic review of 50 IOPC cases involving stalking, and a focus group with representatives from 5 stalking victims support service providers.

Findings and Recommendations

The findings are comprehensive and deserving of a thorough read through. What follows below is a summary of just a select few of the key findings.

The investigation found that the criminal law on stalking is unclear and difficult to apply. For instance, there is a lack of a clear legal definition of stalking, and an overlap between stalking and harassment. As a result, police officers and staff do not always effectively understand and apply the distinction between the summary-only offence in section 2A of the Protection from Harassment Act 1997, and the more serious stalking offence in section 4A of that Act. In order to create a better foundation for policing to provide a good service to stalking victims, the recommendations include that the Home Office should consider whether there should be a single stand-alone stalking offence.

The investigation also found that guidance on stalking is scattered and inconsistent. There are several sources of advice and guidance for the police on stalking and stalking protection orders (SPOs)[1] and each has a different focus in terms of distinguishing what is and is not stalking. Importantly however, the investigation found that the Home Office statutory guidance on the Stalking Protection Act for the police, which is focussed on the application for and management of SPOs, has the clearest and most descriptive explanation of stalking in the current absence of specific statutory guidance on stalking offences. The findings in relation to SPOs include that, generally, the use of SPOs by the police is “worryingly low.” The number of SPO applications made per reported stalking crime varies across forces, and this suggests a variable approach between forces as to how SPOs are implemented. The report makes the following recommendation to chief constables:

By 27 March 2025, take steps to make sure that force strategies, structures and processes are in place so that police consider an SPO in every stalking case, and apply for an SPO where relevant and appropriate to prevent harm and further offending.

To achieve this, chief constables should review, and revise where necessary:

• • Local training and guidance on SPOs, including training and guidance for supervisors.
  • Mechanisms for supporting investigating officers to identify cases where SPOs would be appropriate and assisting them with SPO applications. This could be through dedicated teams or roles and/or through daily management meetings considering risk and safeguarding.

Lastly, in relation to the experiences of stalking victims, the investigation found that the availability of specialist stalking support services is sometimes variable within and between forces, and that there are poor levels of awareness within policing that stalking victims are entitled to enhanced rights under the Code of Practice for Victims of Crime.

Conclusion

Whilst many of the recommendations are for new or amended legislation, there are lessons which forces can apply now, including the provision of specialist stalking support services, training in the distinctions between harassment and stalking, and the different offences which apply, and cooperation between forces when making applications involving online stalking behaviours.

Several members of Serjeants’ Inn Chambers regularly advise forces on, and apply for, SPOs and can assist forces with any questions which may arise from the report’s findings.

 

[1] These include the College of Policing advice documents contained within authorised professional practice (APP) on stalking or harassment; the Home Office crime recording rules for frontline officers and staff; and the information on post-separation abuse, related harms, offences and other forms of domestic abuse within statutory guidance on coercive or controlling behaviour.