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Authortheresthepolis
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Hello, I am a police officer. Unfortunately you are in a pretty difficult position. In terms of throwing this person out because your family member no longer wishes them to be there, there is absolutely nothing the police can do. This would be a civil matter meaning you should approach a solicitor or go to the citizens advice service, to establish what the steps are. However given that you state the person is being abusive etc, you could contact the police and report his conduct, for example assaults, or threatening and abusive behaviour, if he obviously has capacity ie doesn't have a mental health problem this could lead to him being arrested and being given conditions not to approach the property.
However, you state this person is suffering from mental health problems, and you believe possibly that their behaviour is being driven by this? This would clearly complicate the above and in these circumstances it may not be straightforward.

I would suggest you do the following:
Contact the police via 101 about your concerns, do not tell the police simply that there is a family member refusing to leave as that is not a police matter and they will not attend or speak to you further. Obviously make mention about your concerns regarding the persons behaviour.
If there is no real violence or threat of violence the police may not do alot, however if there are clear mental health concerns they will make a referral to adult protection social work.

Contact a solicitor, you should be able to get at least a free telephone consultation, I think? You can search for a solicitor by looking at the law society of Scotland's website.

I would suggest contacting, adult protection social work, the person's GP and any other professionals who are involved with this person's mental health and see if some sort of plan can be put in place about rehoming him or getting him diagnosed with some sort of personality disorder. A mental health officer could get a warrant to remove the person and take him to hospital for assessment, the police cannot do this unless the person is in a public place.

I am not going to pretend that this will be particularly easy to sort out, it wont, and most agencies will simply palm you off unless this person is literally bleaching your family member. Unfortunatly this kind of behaviour sometimes falls in between the cracks of the criminal justice and mental health systems. You will just have to torture the above agencies until something gets sorted out, including phoning the police anytime there is anything which could be construed as threatening or abusive behaviour.

I would also suggest you post on legal advice uk, making clear that you are in scotland for advice also.
Reddit Linkhttps://www.reddit.com/r/glasgow/comments/hy6xg1/evicting_a_family_member/fzndwld/
CreatedWed 29th Jul 2020 8:05pm
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