Council issues relating to noise

[0CEB]

Hi

I'll keep things brief as possible, I am having issues with my council who have moved someone in next door who requires loud medical equipment to be used at all hours. This noise can be heard through out my home and can be unbearable, the council had spent weeks modifying the property to be suitable for the neighbour but said that adding sound dampening wasn't worth the investment because it would only be temporary this was after I complained and had advice from CAB who said the council should have provided sound dampening as a duty of care to me.

The council refused and rejected all complaints saying there is nothing they can do even though they caused the issue and refused to make the adjustments to remove the sound pollution, they told me I should move out... I've lived here for years and have my own health issues(which is why they gave me this property years ago) so clearly moving out isn't an option nor should it have to be to escape a problem caused by the council.

I have now been through every avenue of complaint within the council, they won't even come out to measure the noise or see what its like and this problem started before covid so thats not an excuse not to mention you can hear the noise clear as day outside anyway. So I am contacting legal help websites and lawyers but no ones bothering to reply just yet, I don't think the council should be able to shirk their duty to me just to home someone else and at the expense of my health no less, headaches and migraines are common because it sounds like a lorry parked in your head and floods every room.


Any advice?

[des8]

Have any of your complaints been in writing?
If so what exactly did the council write in response?

Have you measured the noise levels yourself and if so what were the readings?

Is the noise continuous or intermittent?
If intermittent how often and for how long?
Is it during daytime, night time or both?

Have you involved your local councillor?

[Scot22]

I would add if it's a council failure to also contact your M.P. Ours is always helpful.

[0CEB]

Have any of your complaints been in writing?
If so what exactly did the council write in response?

Have you measured the noise levels yourself and if so what were the readings?

Is the noise continuous or intermittent?
If intermittent how often and for how long?
Is it during daytime, night time or both?

Have you involved your local councillor?

I haven't made a formal complaint in writing, but I have made emails, phone calls and had a visit from them although they weren't interested in hearing the sound they were interested in ambushing me at my home despite knowing my mental health issues. I did have a letter saying they won't do anything because its noise from a medical equipment(I got rid of it but still have the email from them about it), I also had a visit from the housing officer saying that was the end of it and that I had complained too much and there was nothing to do about it and that they had spoken to upper management who had said my only option was to move out. I had already contacted CAB and had told the council of their advice which they ignored.

I contacted my MP, MSP and local area ward from the council all of which didn't reply, I had contacted my ward and MSP 3 times. This is roughly when a local lawyer suddenly gave me the silent treatment after previously saying he would help me.

The noise is at any time, can be 3pm can be 3am and can be anywhere from 6- 24 hours in terms of how often its on, once it was on for over 3 days before the person was rushed to hospital, other times I haven't heard it at all but the average would be about 8 hours a day mostly between 11pm-5am, it's usually on in blocks of 2 hours with a repetitive bassy pulsing sound which is usually every second or so but can be faster or slower and can be louder or quieter.
I have no noise detection equipment and no funds to be able to buy any, it's not that kind of noise anyway it's really low down in the hz range and so most attempts to adequately record it with my phone for example fail as you just get static, but I do have video of it vibrating my kitchen cabinets, it's a more vibrational low down pulsing sound than a typical sound you would hear.

The real kicker in the moving out advice they gave me was the property opposite me was empty( I did not know at the time) its an identical property and I would have gladly moved there, I had filled out a transfer request to get a new home through the council when this property was empty. They also magically found a 15 year old council tax bill when I complained about all of this lol

[des8]

This would appear to fall under the Environmental Health Act 1990 sec 79 (1) (g)
If not already obtained, see if your doctor will write you a letter confirming the effect this noise (includes vibration) is having on your physical health (because of sleep deprivation) and mental health.
You can make a complaint to the Local Government Ombudsman ( Home - Local Government and Social Care Ombudsman) or even lay a complaint in the local Magistrates Court.

[0CEB]

Heres an example, you'd think the walls would block it but it carries through under the floor more than it does through the walls, its 3 property single floor terrace, the floor is hollow so the noise goes under the floor in their property and up through the no reinforced parts of my floor, so the noise here being that loud in the kitchen while it could be louder further away such as in the far corner of my bedroom which borders the other property so there is a hollow cavity wall so the noise just comes straight up through there regardless of distance, if I'm explaining that correctly.

https://i.imgur.com/FeJzIeQ.mp4

This would appear to fall under the Environmental Health Act 1990 sec 79 (1) (g)
If not already obtained, see if your doctor will write you a letter confirming the effect this noise (includes vibration) is having on your physical health (because of sleep deprivation) and mental health.
You can make a complaint to the Local Government Ombudsman ( Home - Local Government and Social Care Ombudsman) or even lay a complaint in the local Magistrates Court.

My doctor was useless, I phone up and ask for a senior doctor and they put a nurse on who says I need to speak to lawyer, when I did get to talk to a doctor who knows me I was told they can only help if I pay them lol, I am on benefits, I can't start spending £130 on a doctors appointment to maybe get some help and in my mind its past just getting help, I would want to sue the council for how they treated me.

[des8]

Your doctor's support would make it easier to complain.
I would suggest you make an appointment seeking treatment for insomnia and depression.
Having had the appointment and possibly a prescription for sleeping pills and antidepressants (which you don't have to take!) you could then obtain a copy of your medical file which you can reference in your complaint to the LGO.

[0CEB]

I found the Scottish equivalent to the site I think https://www.spso.org.uk/spso
I have also contacted my doctors stating about headaches and sleepless nights, if they give me an appointment or not will be another matter should know in a couple of days hopefully

[des8]

[QUOTE=0CEB;n1561795]I found the Scottish equivalent to the site I think https://www.spso.org.uk/spso
/QUOTE]

Correct, sorry I missed the reference to MSP which should have alerted me to you being in Scotland.
good luck