What happens when you make a nuisance complaint.
Your confidentiality when making a complaint
All complaints are dealt with confidentially. We will not disclose your details to anyone.
While we will keep your details confidential, we do need to know your name and address to gather evidence of your complaint.
Most complaints can be dealt with without the need to go to court, but if this should be the case, we may ask you to appear as a witness in the court proceedings.
What happens when you make a nuisance complaint
Before making a formal complaint, try to discuss the problem with your neighbour or the business concerned. They may be unaware that they are causing an issue. If you do not feel comfortable speaking directly to your neighbour, we would suggest leaving a polite note.
Once you have made a complaint, a case officer will contact you to discuss the problem further. The officer may decide to send an initial informal letter to the perpetrator to advise of the complaint received.
They will also ask you to complete diary record sheets to allow the officer to assess the situation. This evidence is a crucial part of your complaint.
If the problem persists after we have written to those responsible, the case officer will arrange to visit your property to assess your complaint.
You must carry on completing your diary record sheets throughout your case. They will be used to determine whether the issue you are experiencing can be classed as a statutory nuisance.
Keeping diary record sheets
We will ask you to keep diary records of the times and days you are being disturbed by the noise. These diary records should be completed over 28 days and then returned to the case officer for assessment.
Diary record sheets are an important source of evidence. They enable the case officer to establish some basic facts about the nuisance.
Once the diary sheets have been completed and reviewed by the officer, they will decide on the next steps. This can include the sending of a more formal letter to the perpetrator. In the case of noise nuisance, we can also install noise recording equipment or gather evidence by using the noise app.
If it is a statutory nuisance
If the case officer decides that the problem is a statutory nuisance, those responsible will be served with an abatement notice under section 80 of the Environmental Protection Act 1990. This will require them to stop or reduce the activity that is causing the nuisance.
In some cases, it becomes necessary to serve an Abatement Notice under the Environmental Protection Act 1990, requiring the nuisance to be stopped or reduced within a reasonable time scale. People found guilty of breaching an abatement notice can be given an unlimited fine if prosecuted in court.
Your case officer will keep you updated on the progress of your case.
If the diary record sheets are not completed and returned within the agreed time, no further action will be taken, and the case will be closed.
Significant nuisance during office hours
Contact your investigating officer if you experience significant disturbance during regular office hours. They or another member of the team may be able to visit your home and witness the nuisance.
What happens after our investigation
If the nuisance is not a statutory nuisance
If, after a thorough investigation, no statutory nuisance can be determined, the case officer will close the complaint and the decision will be confirmed verbally, in writing, or both. We will also advise you on alternative courses of action that you may wish to take.
If it is a statutory nuisance
If the case officer decides that the problem is a statutory nuisance, those responsible will be served with an abatement notice under section 80 of the Environmental Protection Act 1990. This will require them to stop or reduce the activity that is causing the nuisance.
They will be informed of the legal action available to us should a statutory nuisance be observed.
If the nuisance continues after an abatement notice has been served
If the nuisance carries on after we have served an abatement notice, you must notify your case officer. They will arrange further noise monitoring and will ask you to continue to keep diary records of the times and days you are being disturbed.
If we find evidence that the abatement notice has been breached, then we can prosecute those responsible.
In some situations, we can also apply to the magistrates’ court for a warrant to enter the property and seize those things causing the nuisance, for example, stereos, televisions, speakers and other electronic devices.
People found guilty of breaching an abatement notice can be given an unlimited fine.