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.