Neighbour spraying weedkiller into garden, Police say no crime committed?

[dryad22]

This is my first post here so hi

Yesterday afternoon, I spotted my neighbour spraying weedkiller into my garden. She was standing in her garden next to the shared boundary fence, spraying directly onto the plants in my garden. When I challenged her, she said she wasn't doing anything wrong and that there was nothing I could do about it.

The police officer I spoke to was initially helpful, offering to go and have a word, etc. but after consulting with his Sergeant, told me that as there was no evidence of any wrongdoing (I couldn't film because of privacy), no crime had been committed and they wouldn't be pursuing the complaint. I wasn't given an incident number.

Are the Police correct and is there anything else I can do?

Thanks in advance.

[DE DOGS]

If it is weedkiller possibly doing you a favour ?. won't kill plants from my experience, just nasty neighbours.

[dslippy]

There is no reason you should not film her leaning into your garden.

[atticus]

You may bring a claim in nuisance for damages - assuming damage has been done.

[dslippy]

There may be a criminal damage charge, but it is a little more difficult with plants.

[Hot_Juice]

Some weedkillers are known carcinogens and/or highly toxic thereby endangering your life. A good argument for attempted murder, no?

Contact the HSE (Health and Safety Executive) to see if any health & safety laws are broken.

On page 53 of this document https://www.hse.gov.uk/pesticides/re...lete20Code.pdf states:

"You must make sure that the pesticides you apply are targeted at the land, crop, structure, material or area you want to treat. Pesticide drifting off target can cause problems between pesticide users and their neighbours."

ETA:

On page 54:

"By law, you do not have to leave an unsprayed buffer zone between a treated area and neighbouring property. When you spray right up to a neighbour’s boundary you increase the risk of the pesticide going onto their property. You must not allow spray to drift onto their property as the law states that any person who uses a pesticide must confine the use of that pesticide to the land, crop, structure, material or other area being treated."

[Hot_Juice]

This is a relevant news story.

https://www.walesonline.co.uk/news/w...weeds-15457749

[Cherrylips1]

I have a similar situation where a Neighbour has been spraying Weedkiller in a Communal area that my Cat uses. I was furious and contacted the local Council who said she had no right to spray it on Communal Land. They wrote to her telling her to stop.
As your case is your Private land you are within your rights to take action against them. Put a camera up in your garden where it's taking place. I bought a Wildlife camera. Get your evidence and threaten to sue them for damages. If you have pets you could take the matter to Police and claim they are harming your Pets. That could get them arrested. Is there a way you can seal or fence it off so they can't reach over ?