Some types of nuisance only happen occasionally, so if it's not possible for our environmental protection officers to witness it, they may be unable to take any action. If after following our investigation procedure we cannot establish a statutory nuisance, or you do not wish to involve us, you can take independent action by complaining direct to the magistrates' court under Section 82 of the Environmental Protection Act 1990.
You can take action yourself or you may wish to consult a solicitor familiar with court procedure. They should also be able to advise you on your chances of success in proving your case.
Before proceeding to the magistrates' court
Try to resolve the problem informally by writing to the person responsible for the nuisance. Inform them about the subject of your complaint and that you intend to seek legal advice if the nuisance continues. Ensure the letter is dated and keep a copy. If you know where the nuisance is coming from but do not know what or who is causing it, then you should contact the owner or occupier of the premises.
You should try every alternative means of settling the dispute before starting court proceedings. If you go to court and lose the case, you may have to pay not only your own costs, but those of the other side.
Keep a detailed written record (you can use diary sheets) of dates and times and the duration of the offending nuisance, as well as a description of the distress it causes you. Any records you keep should be simple and clear, and should be written as soon as possible after the incident while your memory is fresh. It's important not to exaggerate any effect or times. You may have to present your records, on oath, in court.
If you decide to take formal action, you must write to the person responsible for the nuisance telling them of your intention to proceed to the magistrates' court. You must give them at least three days notice for noise, or 21 days notice for all other nuisances. Your letter must clearly state what you're complaining about.
Download an example letter of a notice to bring proceedings (PDF, 51KB)
Complaining to the magistrates' court
Contact the clerk to the justice and explain that you wish to make a complaint under Section 82 of the Environmental Protection Act 1990.
Arrange to visit the court when asked to do so by the clerk and show the magistrate your evidence. If they decide you have an arguable case, a summons will be served on the person responsible for the nuisance, giving the date and the time of the court hearing.
You must attend the court at the hearing together with any witnesses you may have. You can either employ a solicitor or present the case yourself. If you represent yourself the clerk of the court will give you advice and guidance.
The magistrate will listen to evidence from yourself and the defendant and decide if a nuisance is proven. They'll make any appropriate orders and penalties or dismiss the case. Whatever decision they reach, they may apportion costs from bringing the case, for example, solicitors fees.
The outcome
If the court decides in your favour it will make an order demanding the offender stop the nuisance and specify the measures they'll have to take. The order may also prohibit or stop a recurrence of the nuisance. The court may also impose a fine at the same time as making the order.
If the court finds that the nuisance existed at the date of making the complaint, they'll award you the reasonable costs incurred in bringing the action against the nuisance maker. These costs will be awarded whether or not the nuisance still exists or an abatement order is made. If an order is made, the court will generally require the nuisance maker to pay your costs. If the case is dismissed, you'll normally incur your own costs in bringing the case to court and you may incur the costs of the other party.