taking legal action
If, for whatever reason, the local authority does not take action, or if you do not wish to involve them, you can complain about a noise problem direct to a magistrates' court. The magistrates' court will need to be persuaded that the noise problem amounts to a statutory nuisance.
It is important that you keep a written record of the dates, times and duration of the noise, as well as a description of its nature and the distress it causes you.
Before you complain to a magistrates’ court, you should read our advice on approaching your neighbour
How to complain
When you contact the court, tell them you wish to make a complaint under section 82 of the Environmental Protection Act 1990. You will probably need to visit the court so the procedure can be explained to you and you may be asked for evidence of the problem. This will show the magistrates that you have an arguable case. You should also let the court know if you have notified the environmental health department of the problem.
The court will decide if a summons can be issued, and may ask you to serve it (by hand or by post) to the person responsible for the noise, stating the date and time of the court hearing. If you serve the notice, you should keep a careful record and ensure that the notice is served well before the hearing date. When the time comes for the hearing, you will have to attend court to give evidence.
The person responsible for the noise will very likely come to the court to defend themselves, and may even make counter accusations. You do not need to have a solicitor to represent you at the hearing, although you may do so if you wish.
You will need to be prepared for the possibility of having to pay the costs of taking the case to court. These costs will include your costs, those of your solicitor if you have one, and any witnesses you may call in support of your case.
Legal representation is not available for this type of case through the legal aid scheme. However, you may be financially eligible under the 'Legal Help' Scheme and this may provide free or subsidised legal advice and assistance in preparation of your case. To find out more about the Legal Advice scheme visit www.adviceguide.org.uk
If you are going to represent your own case, the clerk of the court may give you advice and guidance. Alternatively you can contact your local Citizens Advice Bureau which may be able to offer assistance.
The outcome, win or lose
If you win the case, the court will issue an abatement order telling the offender to stop the noise nuisance and what they have to do to achieve this. The court may also give the noise offender a fine.
If you win the case, you may receive the money that it cost to bring the case to court. If you do not win, you may have to pay your own costs and the costs of the person you have taken to court.
What if the noise carries on?
If someone breaks the rules of an abatement order and carries on making noise without a reasonable excuse, they will be found guilty of an offence and can be fined.
You should keep your record of noise occurrences up to date in case the order is being ignored and you have to return to court. The procedure for initiating a future case will be the same as for the original proceedings.