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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience:  Over 5 years in practice
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hi my husband and I have just moved into a privately rented

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hi my husband and I have just moved into a privately rented detached house and a neighbour whose back garden runs diagonally to ours and next to our house at the end of his garden has recenrly complained about noise disturbance from our three young children who are four, three and two and accused us of having a domestic when I was away in Spain on a work conference and my husband was at work and the kids were playing in the garden watched over by their gran - he sent the police on those two occasions and although we have explained to the council that it's just kids playing he has now kept a log and is complaining about hearing us in the house and outside even though we now rarely let the children outside to play. We obviously do have noise in the house with three young children but we are upset as his accusations have led to social workers contacting us to enquire about the children which as you can understand is very distressing to us. How should we tackle this?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
Dear Jo my husband and I feel victimised by this neighbour whose false allegations have led not only to us having to deal with social services who obviously are simply doing their job which as doctors we both understand although this does not reduce the stress of having them investigate inflammatory accusations based on small children playing naturally in the garden which on occaisions does involve screaming and yelling especially when. Their cousins visit who are in the same age group. Naturally we do tell them off when they necessary and with loud young children I admit to raising my voice also in occasion but we have got to the point where we don't really let them out to play anymore and hurry them inside if they do go outside especially if they start to be loud and my husband had a conversation with the council noise chaps,today who have said he has continued to keep a log and is accusing us of ongoing noise not only from the garden but from within our detached house which he can hear from within his house which is at least 100ft from our house in a diagonal manner and they mentioned they may have to come to investigate the complaint with noise detecting equipment. My husband has spoken to other neighbours who say they have not heard nuisance noise from us and we really want to know if we can sue him for causing us distress and harassment as he has shouted at the kids to,keep,it down on a couple of occaisions over the fence and we now fear letting the children play outside for fear of further reprisals and I a, most upset about having to explain a perfectly normal family life to social workers.
Expert:  Jo C. replied 2 years ago.
What is the specific allegation he made?
If it is just noise then you seem to accept that?
Customer: replied 2 years ago.
Hi jo - we would like to know if we should just carry on as normal and ignore his logging noise complaints or if we need to keep,the girls inside in order to not antagonise him further in case he can have an abatement order placed on us because of the children's noise and also whether his behaviour impacting on our family life means we can get lawyers involved in order to have him halt what seems to be his harassment of us?
Expert:  Jo C. replied 2 years ago.
Well, it depends how much risk you want to take.
He is not going to get an abatement notice if the only noise is from playing children.
It rather appears to me that if the allegation is that these children are making a disproportionate amount of noise by reason of some form of mistreatment then that is not a noise abatement order issue at all. That is a social services issue which has been tried and failed.
Obviously if you let them out in the garden that could lead to further allegations. If he is the sort of person who takes legal action because the neighbour's children are playing in the garden though then probably whatever you do or do not do he will find an excuse to complain.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Hi Jo - just t be clear then - obviously we do not mistreat our girls and so we are happy for the social services to complete their job as we are a normal loving family. I thnk they make the usual amount of noise that three young children will when playing which at times can be loud and I am sure he will comtinue to complain but I simply want to be reassured that 1 I can let them play and his complaints will come to nothing and 2 my husband is really annoyed by his behaviour and feels if we contact a lawyer and ourselves make an official complaint about his behaviour then that might stop his unreasonable behaviour and allow us to live in peace and le th girls enjoy playing outside again?
Expert:  Jo C. replied 2 years ago.
If this is just children playing then he is not going to get a noise abatement order covering that alone.
You can always get a solicitor to write to him. May stop him. May incite him further. I think it probably wouldn't be a bad idea overall if you can bear the cost.
Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience: Over 5 years in practice
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