Eleanor StoneA landmark independent review of stalking legislation has been submitted to the Home Office in early April 2026, with recommendations that could reshape how England and Wales protects victims of stalking. If you or someone you know has experienced stalking, here is what the review means and what your legal rights are right now.
The Independent Review: What Was Submitted
Richard Wright KC completed his Independent Review of Stalking Legislation and submitted it to the Parliamentary Under-Secretary of State for Safeguarding and Violence Against Women and Girls in early April 2026. The review was commissioned by the Home Office in October 2025 following a "super-complaint" from stalking advocacy organisations.
The review examined four key questions: whether existing laws adequately protect victims and punish perpetrators; how stalking and harassment legislation interact in practice; whether the law is keeping pace with technology-enabled and online stalking; and whether police have the capability to properly identify, investigate and prosecute stalking.
The recommendations have not yet been publicly published — the government now holds them and is expected to respond with legislative proposals. However, campaigners and legal experts who contributed to the review have indicated that significant changes are expected, particularly around the use of Stalking Protection Orders (SPOs) and how stalking is flagged on Enhanced DBS checks.
The "Change The Check" Campaign: A Key Issue
Running parallel to the review, the "Change The Check" campaign — led by a Lancashire woman who experienced three years of stalking — is lobbying the Home Office over a critical loophole: legally binding civil stalking restrictions (Stalking Protection Orders) do not automatically appear on Enhanced DBS (Disclosure and Barring Service) checks. This means that in certain employment contexts, an employer or safeguarding body would have no way of knowing that a job applicant has a court-imposed stalking restriction against them.
A meeting at the Home Office is scheduled for early May 2026 to address this specific issue. The Protection from Harassment Act 1997 and the Stalking Protection Act 2019 form the core of current UK law — both available in full on legislation.gov.uk.
Your Legal Rights Against Stalking Right Now
While the review's recommendations work their way through Parliament, the current law provides meaningful protections. Here is what exists today.
The Protection from Harassment Act 1997 makes stalking and harassment a criminal offence. The key provisions are:
- Section 2A (Stalking): A person who pursues a course of conduct amounting to stalking commits an offence. This includes following, contacting, monitoring (including online), watching, loitering, interfering with property, and watching or spying. Penalties: up to 51 weeks in prison.
- Section 4A (Stalking involving fear of violence or serious alarm): If the stalking causes the victim to fear violence, or causes serious alarm or distress, the offence carries up to 10 years in prison.
Stalking Protection Orders (SPOs): Available under the Stalking Protection Act 2019. These are civil orders that can be applied for by police — even before a criminal conviction. They can prohibit contact, require the stalker to attend a behaviour change programme, and can be used to protect victims during an ongoing investigation.
Restraining Orders: Courts can grant these after conviction, or even after acquittal if the court believes it is necessary to protect the victim.
Protective Injunctions: Available under civil law if you want to act without necessarily involving the criminal process. A solicitor can help you apply for an injunction restraining the stalker's behaviour.
Technology-Enabled Stalking: The 2026 Challenge
One of the central concerns in the review was whether the law keeps pace with digital and technology-facilitated stalking. This includes GPS tracking devices placed on vehicles, covert spyware installed on phones, misuse of smart home devices, and coordinated online harassment campaigns ("cyberstalking").
Current law does cover many of these behaviours under the existing stalking and harassment provisions, but enforcement can be inconsistent because police officers sometimes lack the technical capability to investigate digital evidence. The review is expected to recommend improved training and clearer prosecutorial guidance in this area.
If you believe you are being digitally stalked, document everything: take screenshots, note dates and times, do not delete messages even if they are distressing. This evidence will be critical for any legal action.
What a Solicitor Can Do for You
Stalking cases are emotionally and legally complex. A solicitor specialising in harassment or family law can:
- Apply for an urgent injunction within 24-48 hours if you are at risk, without waiting for a police investigation to conclude
- Guide you through the police reporting process to ensure your complaint is recorded and escalated correctly (stalking is frequently misrecorded as "harassment" at the initial stage, which affects how it is investigated)
- Gather and preserve digital evidence in a legally admissible format
- Support you through a Stalking Protection Order application alongside police, or independently through civil proceedings
- Advise on compensation claims if you have suffered financial or psychological harm
If you have already reported to police and feel your case is not being taken seriously, a solicitor can write formally to the investigating force requesting an update and escalating to the force's Professional Standards Department if necessary.
Warning Signs That Warrant Immediate Action
Not all stalking starts with physical danger. Research from the Suzy Lamplugh Trust — the UK's leading stalking authority — indicates that stalking behaviour frequently escalates over time. Seek legal advice promptly if the person:
- Contacts you repeatedly after being asked to stop
- Shows up at your home, workplace, or places you frequent
- Monitors your social media accounts, emails, or devices
- Sends unwanted gifts or letters
- Interferes with your property or car
- Threatens you directly or indirectly
Early intervention — via a Stalking Protection Order or civil injunction — is consistently more effective than waiting for behaviour to escalate.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For your specific situation, consult a qualified solicitor specialising in stalking or harassment law.
