***URGENT*** Housing help required.

[Aviva]

Don't know if you will get to read this before the meeting. Your sister can only put her side of the story to the officer. If her neighbour has made a complaint the organisation have a duty to investigate it but if the complaints are minor or there is no evidence to back them up then it will be unlikely to be taken further.

 

When I was a Housing Manager I saw a lot of these cases. Neighbours got on ok, then something happens (in your sisters case the parking issue) and suddenly it's a she called me a name, he slams the door situation.

 

If your sister has a right to park where she does they can't use that against her. Kids can get noisy but as long as they are not shouting, etc late at night or playing ball games in a prohibited area then there is nothing wrong with them playing. Again, what is the noise re. motorbikes? That the bikes make a noise? That the people do?

 

To get an eviction for ASB it has to be serious and there has to be a lot of evidence. They will want statements about the problems from other people, if noise is the main complaint then they will need reports from Environmental Health.

 

For this kind of case it's likely to be closed with no further action taken. If the complaints continue then they may suggest some sort of mediation between your sister and the neighbour. Your sister should agree to mediation if it is offered as this will go in her favour. She should also try not to get involved in any arguments with the neighbour as this will be the kind of ammunition they will be looking for.

[Aviva]

With regards to the Housing Officer it is hard to say whether they are being biased. I don't agree that just because someone complained first means that they should be believed over the other person. The person may have a grudge to settle (which seems to be likely in this case) or they may feel that they have a genuine complaint but their expectations are unreasonable. Someone may complain that the noise next door's children make is unbearable but it ends up being just ordinary noise from the kids playing outside on a Saturday.

 

To evict the organisation would need to put hard evidence in front of a judge. One neighbour's reports and no back up from other neighbours, Police, Environmental Health, etc would be laughed out of Court.

 

How did the interview go? Was she allowed to put her side of the story? Was she listened to? What did the officer say were the next steps he would be taking (if any)?

 

Although the Housing Officer does have to investigate he has to do so fairly to both parties. If your sister feels that the investigation is not being properly conducted she has the right to speak to a manager, make a complaint, visit the CAB, get legal advice or contact a local Councillor or MP.

 

Let her know that when a complaint is received it is usual practice to write to the person being complained about and ask them to attend an interview. However, most cases do not go much further than this due to lack of evidence and conflicting stories.

 

What she could do if it looks like the investigation will continue is to broach the matter with other neighbours. She doesn't have to say that a complaint has been made at this stage. She could say to a neighbour "My children play outside a lot, are they ever too noisy?" for example. This will give her a good idea of people she could ask to act as witnesses in her favour if the investigation or complaints continue.

[Aviva]

I've taken a look at their website.

 

1. She needs to complain that she has not been listened to and that the comments made by the Housing Officer seem to show that he has made up his mind with regards to who is at fault without any evidence to back up the claims. "We can't take action against someone simply because another person has complained against them - we need evidence." This is a quote direct from their own ASB leaflet.

 

2. They offer a free mediation service for neighbours in dispute. So she needs to ask why this has not been recommended in this case.

 

3. They state in their leaflet that they may contact other people who have been witnesses. Did the officer give an indication that the complainant had said other people had heard/seen things, etc? I think she needs to know what was put on the card. I would think it would be fine to put "I have had complaints of noise/ASB in the neighbourhood. If you have any complaints or information contact me." but not to state who is being complained about. He may have contacted them but the neighbours have not backed up the claims. I was involved in a case where we did contact neighbours but this was for someone who had a history of violence, involvement in drugs, etc.

 

4. It is not unreasonable for your nephew to practice music for an exam before 8 and for short periods of time. It may be worthwhile speaking to his school to see if you can get a letter about the practice time needed, etc for his exam from his teacher.

 

5. They state that they will only go straight to legal action where there is real danger i.e. violence and for other cases there will be a step by step process. So why is your sister constantly being threatened with eviction? Why are no other options being mentioned like the mediation. How can your sister stop complaints coming in from the neighbour when she feels these are unfounded complaints brought about by a grudge over a parking space (or could be because person feels the area should be for elderly people only and is not happy a young family were moved there). The Audit Commission praised them for their procedures stating that they have processes in place to help perpetrators as well as victims. Yet she is being offered no help even though these are just allegations where there is no proof.

 

6. For eviction usually you have to show serious ongoing problems (with proof) and that despite other action taken by the ALMO there has been no improvement in behaviour. The Judge needs to feel that the problem is so bad and the person is not willing to improve their behaviour so the only solution now available is to evict. He may be able to take it to Court on witness statements and incident diaries but of several people for a situation like this one not just one. These problems should affect several neighbours not just one. Again if there are noise problems there should be Environmental Health reports.

 

I think that your sister should keep an incident diary herself putting in any contact she has with the neighbour and relevant information. Like kids playing outside for half an hour, neighbour complains that they are too noisy. This will help to show if her behaviour and complaints are reasonable. Sometimes people mess themselves up with these diaries, i.e. writes about noise when family are not at home that evening and can prove it.

 

I would speak to the local Councillor as Kiptower suggested. Also, speaking to the Chief Executive's Office can be very helpful. Our CEO takes complaints to him very seriously and demands an answer fast. He has even visited people at home to discuss the problems in more depth. Robin Lawler is CEO and the head office number is 0161 227 3000. If he is not there speak to someone like his PA. But I would contact one or the other at the moment.

[Aviva]

Leaflets attached.

Northwards ASB.pdf

Northwards Mediation.pdf

[Aviva]

I think it would be hard to prove that the neighbours are vindictive for knocking on other residents doors. Many ASB cases have only been successful because neighbours have banded together and some have included neighbours persuading others to report ASB, etc.

 

You need to know more about what they are saying. If they are asking if the person has any problems and if they say no the neighbour then moves on - this would be fine. If they are trying to put words in their mouth or pressure them into complaining when they have said they have no complaints then you definitely have a case.

 

Remember this tactic may work against them if the knock on neighbours doors and no one else makes any complaints then their case will be considerably weaker. It is very hard to get hearsay evidence into admission in Court. So the neighbour saying I spoke to the other residents and 5 said there was ASB but are not willing to make an official complaint or talk to anyone official about the problems, etc would cut very little ice with a judge. Other neighbours would have to contact the HO and make their separate complaints for it to be of any real use.

 

Even if the HO wants to go all the way with very little evidence they are not usually the ones that make these kinds of decisions. Organisations such as this one will usually have a legal team (either within the organisation or use the services of a private or Council based team) to provide work/advice on legal matters. It is these officers who then decide based on the evidence and case history whether a case can go to Court or not. I can tell you if we asked our contracted legal team about taking a case like your sisters to Court they would ask us what we were on. One family complaining, minor nuisance (if any), no supporting evidence, a counter-claim against the complainants - they would not even entertain it.

[Aviva]

That's fantastic news. I'm really glad for your sister. The info was no problem to give as I know people can feel bamboozled when someone official is saying we can do this and that and you are not aware of your rights.

 

If he's been moved this shows that he was not a good officer and there must have been other complaints and concerns from his managers. I have worked with people like this who do their own thing and do not follow procedures because they know better, they want to take a tougher line or they are just lazy. All they do is cause themselves problems.

Edited July 15, 2009 by Aviva
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