Taking Your Own Action
There may be the odd occasion when the Council cannot take action on a complaint. This could be because the nuisance is not considered to be a "statutory" nuisance or officers are unable to witness an intermittent nuisance.
Section (82) of the Environmental Protection Act 1990 was specifically introduced to cater for such situations, allowing private individuals to take their own action in the Magistrates' Court. The procedure is explained below.
Section 82 of the Environmental Protection Act
- If the nuisance continues and a 'reasonable' approach has proven unsuccessful, a complaint may be lodged in the Magistrates' Court. You, and any witnesses you may have, will be required to give evidence to the Court hearing to prove the existence of a nuisance.
- Make sure you know the exact source of the nuisance. You should |keep a precise record giving the dates and times when the nuisance has taken place and what material effect it has had upon you. Note when you approached the person responsible for the nuisance and asked them to stop. A magistrates' court is unlikely to be very sympathetic unless you can show that you have attempted to deal with the matter in a friendly non-aggressive manner face to face, before presenting your complaint to the court.
- If the Court is satisfied that the alleged nuisance exists, or that although it has stopped, it is likely to recur, the Court is able to make an order requiring the nuisance to cease or to prohibit its recurrence.
- You don't need to employ a solicitor and you will find Court officials are helpful to people who appear without a solicitor.
- To start proceedings telephone the Magistrates' Clerk and they will tell you what is required to bring the matter to court.
Action under Civil Law
Civil Law can also be used to control any nuisance which has affected you. This involves hiring a solicitor who will start the process of obtaining an injunction in the County Court. This can be quicker and more effective but can be an expensive process.
Information regarding your local Magistrates' Court can be obtained from the |Environmental Health & Licensing Division.
For your convenience, download and use our |Nuisance Record Sheet - this could become an essential part of our investigation.
