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Noise Nuisance- Part 1- General Living Noise

Following on from the really distressing and heart-breaking news that 56 year old, Mark Pearce, took his own life after 9 months of suffering and reporting noise to his housing association (as detailed by the Housing Ombudsman), we thought we would write a series of short blogs on noise nuisance. The impact it has on residents, the different types of noise nuisance, along with some hints and tips.

For this blog, we wanted to reflect upon some of the recommendations in the 'Spotlight on Noise' Ombudsman report.  Whilst this tragic case pre-dates this report, it just reiterates the importance of reflecting on the cause of the noise to ensure the correct approach is taken in these circumstances.

Regardless of the cause of the noise, as illustrated by the Mark Pearce case, the impact can be devastating and those suffering may need support. Noise can be relentless, draining and can be detrimental to a person's health and wellbeing.  It is vital that agencies assess and meet these needs to help relieve the impact it is having on their mental and physical health.  Working in partnership with other agencies to provide this support is crucial.

Noise as many of you are well aware is the highest reported ASB case type. This is because it's what I would regard as an 'umbrella' term which encompasses so many behaviours from foul and abusive language, to frequent visitors, to loud music. In fact, there aren't many reports of ASB that do not have a noise element!  However, not all reported noise IS ASB.

Babies crying, people walking on wooden/laminate flooring, sounds of the toilet flushing, bad plumbing or the washing machine running are things that should not be considered as anti-social behaviour. It is important to triage these reports and ensure that the right response is provided.  Just because they are not ASB does not mean that there should be no action taken, just a different approach needs to be applied.  Noise complaints are often managed through an organisation's ASB policy and procedure which are not appropriate for 'household noise'.

For example…

You shouldn't be looking to issue an ABC or ASB tenancy warning letter for the use of a washing machine at any hour of the day.

So what can be done? 

A washing machine is an essential in the majority of people’s homes. Therefore, alternative approaches need to be looked at to ensure the home where the washing machine is, is not expected to remove an essential item from their property.

Simple approaches can be for the individual/s and/or landlords to use noise reduction pads underneath the washing machine and/or moving it from a space with significantly less insulation compared to other areas of the home can make a huge difference.

Mediation offered at the right time (and not too far down the line) is critical but it should not be offered under the guise of tackling ASB. If such issues are left unchecked, then neighbourly relationships can quick sour and become fraught...  ASB or criminal behaviour may then follow.  It is therefore vital that these matters are tackled at the first opportunity and 'nipped in the bud'.  Further to this, to quote the Spotlight on Noise report, there needs to be "a proactive good neighbourhood management strategy, distinct to the ASB policy, with clear options for maintaining good neighbourhood relationships".

Hints and Tips for Practitioners

• Have a strong Housing Management Policy/Strategy and ASB Policy in place that is clearly defined.
• With two strong policies in place, ensure that every report of noise nuisance is triaged carefully and appropriately.
• Assess the case and if appropriate, issue diary sheets and/or the use of recording devices.
• Manage expectations! Inform the individual/s if the noise they are reporting is general household living noise or ASB and under which policy/procedure it will be managed under and what the process is.
• Working in partnership with other agencies is key.
• Encourage good neighbourly relations.
• Consider the impact the noise is having on the individual/s reporting the noise nuisance. Even if the noise is general household living noise, it can have a detrimental impact on their mental and physical health. Ensure there is support in place!

• Think about noise transference. Changing flooring from hardwood to carpet may be costly, but it can save lives.

If you need any further advice on noise nuisance cases and/or your policies/procedures, please get in touch with us via our Contact Us form.

by Martine

10 YEARS OF ASB HELP

This week we celebrate 10 years of ASB Help. To mark the occasion we are releasing our first newsletter, with input from our founder, CEO and trustees. See what we have been up to over the last decade, and please continue to support us as we continue to fight for the rights of the victims of ASB.

by Martine

Who? What? When? How...?

We receive a range of enquiries from victims every day relating to anti-social behaviour. So, we thought we would answer some of our most frequently asked questions to help you on your journey.

‘I am experiencing ASB, can you take action?’

ASB Help are a charity who offer advice to empower victims of ASB and assist practitioners in the field. As per our terms,

‘…although we have constructive and proactive relationships with ASB practitioners across England and Wales, we do not have any jurisdiction over them.  Any actions taken by agencies are determined locally and we cannot take any responsibility for the outcomes of any cases we offer guidance on.’

Should you provide us with brief details of your case, including what action has been taken so far and the agencies you have reported to, we will endeavour to respond to you with the most appropriate advice and guidance from our team of specialists.

'So, who do I report ASB to?

There are a number of different agencies who work to tackle anti-social behaviour, with the main three being:

• Police- you can report anti-social behaviour to the Police on 101 (or 999 if you are at immediate risk of harm). They also have an online reporting tool should you not wish to talk on the phone initially.
• Local Authority- each Local Authority may have a different way of dealing with anti-social behaviour. For example, noise nuisance can be dealt with by either Environmental Health or a Community Safety/Anti-Social Behaviour Team (or both!). Whichever way it is managed in your area, there will be someone at your Local Authority to report ASB to and investigate the ASB you are experiencing.
• Housing Associations- some Housing Associations have a dedicated officer/team to deal with ASB. Many Housing Officers are trained to deal with reports of ASB in the same way specialised ASB Practitioners are. Similar to the Local Authority, there will be someone at your Housing Association you can report ASB to!

Take a look at our 'ACT NOW GUIDE' to help you decide who you should report the ASB you are experiencing to.

'Is what I am experiencing anti-social behaviour?'

Ultimately, anti-social behaviour is determined by it's meaning: '...behaviour by a person/s which causes, or is likely to cause, harassment, alarm or distress to persons not of the same household as the person.'

There is a very blurred line in what can be deemed as anti-social behaviour owing to it's meaning. For example, should you be experiencing noise nuisance as a result of the neighbour upstairs having laminate flooring in their property, on it's own this is not ASB, however it is still causing a nuisance and annoyance to you and therefore the harm and impact on you, the victim can be substantial. But this issue should be dealt with under the Housing Policy and Procedure in place by the landlord/letting agent.

The ASB Practitioner/Landlord should manage your expectations from initial conversations about whether or not they are able to take action on the issues you are experiencing and be proportionate in their response.

We recommend reading the 'Spotlight on noise complaints' report by the Housing Ombudsman to help with further clarity on this question and noise related ASB.

‘I am experiencing ASB but have been told that no action can be taken unless I keep a diary and consistently report the issues. I fear reprisals?’

For any agency, whether that be the ASB/Community Safety Team at your Local Authority, Housing Association or the Police, to take action, you will need to ensure that you are reporting all the issues you are experiencing.

• Keeping a log of incidents on paper (you may be given diary sheets to do this) or e-mail, helps you to keep track of your reports and helps the practitioner/s to take action.
• It's sometimes difficult to recollect when incidents have occurred especially over a sustained period of time when it all merges into one, but keeping an accurate up to date record, will help you if you were to attend court later on and provide a statement.
• You can choose to report this anonymously and provide an anonymous statement in court proceedings; this is known as hearsay evidence.  However, it does not have as much weight as first-hand evidence.

We would advise you speak with the organisation you have reported matters to, and they will be able to explain the options available. They will also be able to discuss what happens if there are reprisals and swift actions that can be taken where there is a clear threat of harm (physical, psychological, emotional harm).

It is worth noting that in some cases, it would be difficult to discuss the ASB incident(s) with a perpetrator without them knowing who has reported it. For example, if you have had a verbal interaction with your neighbour and you do not wish for the perpetrator to be spoken to because they will know who has reported the incident, the options available to address the issue are limited.

‘I have experienced ongoing ASB for a number of years and I feel that no one is listening to me or taking action. What should I do now?’

If you feel that you have not had a satisfactory response to your reports and feel that more could be/needs to be done, despite reporting at least 3 incidents in the last 6 months, you should then take a look at the ASB Case Review (formerly known as the ASB Case Review). We have a page dedicated to the ASB Case Review on our website as well as a directory to all the Local Authority’s ASB Case Review processes. The threshold for the ASB Case Review can vary between each area, so make sure you read the requirements for your own Local Authority in detail before completing your application.

‘I have exhausted all avenues of reporting ASB, including the ASB Case Review/ASB Case Review. What is my next option?’

If you are not happy with the response you have had from your ASB Case Review application/meeting, you should look to see if you have grounds for appeal and follow their process.

Complaints are different to the ASB Case Review, the latter is about problem solving and developing an action plan in an attempt to resolve the ongoing ASB you are having to endure.  If your matter relates to a complaint you have about service provision, then you can submit a complaint to the agency/s you are unhappy with. Complaints generally start with a Stage 1, which you can then progress to a Stage 2 if you are still not pleased with the response. Should you feel the responses from both the ASB Case Review and complaints process have not resolved your complaints or the issues you are experiencing, you could consider contacting the Housing Ombudsman.

'ASB is having a detrimental impact on my health and well-being, who should I turn to?'

We know that for many victims, anti-social behaviour can have a huge impact on their health and well-being, as well as affecting relationships both personal and professional.

Victim Support offers advice and support to victims of both Crime and Anti-Social Behaviour- https://www.victimsupport.org.uk/

If you are struggling with mental health and/or thoughts of suicide, please call and make an urgent appointment with your GP. You can also contact Samaritans for 24 hour support should you be having thoughts of suicide- https://www.samaritans.org/

We also have a Victim Services Directory on our website where you may be able to find some support more local to you.

by Martine