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APPENDIX 3.3 An Example of a System for the Prioritisation of Complaints
(Extracted and amended from a system adopted by London Borough of Islington)
This system is deemed appropriate for an inner London authority but it may not be appropriate to replicate it in all circumstances. It is for individual authorities to establish their own bespoke systems for prioritising complaints taking account of their unique circumstances and the outcome of any Needs Assessment of the service which might have been undertaken (as recommended in sections 3.3 and 4.1.1 of this guide).
1. COMPLAINTS FROM COUNCIL TENANTS OR LEASEHOLDERS
1.1 Day time noise complaints to the Environmental Health Dept about noise from council tenants or leaseholders in the first instance should be referred to the relevant Housing Officer for their initial investigation, unless:
a) The noise is happening at the time of the call and there is a reasonable probability that the noise is likely to be witnessed if officers visit within the daytime noise complaint target response time of 2 hours.
b) The case has already been referred to the Environmental Health Dept from the Housing Dept and details are already on file.
c) The case is already logged onto the priority action list as priority 1 (see below).
d) Staff in the relevant Environmental Health team are available to visit without conflict with higher work priorities.
1.2 Complaints regarding inadequate sound insulation in properties where the Council is the landlord (either short lease tenancies or long leaseholders) will not be dealt with by the Environmental Health Dept. Complainants should be directed to their Housing Officer instead.
1.3 The Housing officers should interview the complainant to determine whether the noise problem is part of a wider neighbour dispute or pattern of anti-social behaviour.
1.4 If there is a noise problem, the Housing Officer should give the complainant a Noise Record Sheet and refer the matter to the Environmental Health using established procedures
1.5 Environmental Health staff will then deal with the case as detailed below, keeping the housing officer informed of action taken and copying them in on all details. This will enable the Housing officer to consider taking action under breach of tenancy agreements, injunctions under the Housing Act 1996 or anti-social behaviour legislation.
2.0 RECEIVING THE COMPLAINT
2.1 Details should be noted on what action the complainant has taken themselves i.e. have they spoken to the complainant or contacted any other agency i.e. the Police or housing dept.
2.2 If the noise is occurring at the time and likely to continue, and the priority action list assessment is Priority 1 then officers should visit to witness the noise, if possible. If not, advise them that the complaint will be recorded and to call back if the problem recurs and/or the out of hours noise service if the noise happens at night.
2.3 Inform the caller of what action can be taken.
2.4 Operational noise from road traffic, railways and aircraft cannot be dealt with by the Council. Noise from entertainment licensed premises should be investigated in the normal way and the Entertainment Licensing Team should be notified of the outcome.
2.5 Explain that efforts will be made to maintain the anonymity of the complainant, but this is not fail-safe i.e. noise makers can sometimes work out who has complained and their address may have to be revealed if legal action is taken.
2.6 Anonymous complaints or complaints where access to assess any nuisance is denied will not be investigated.
2.7 Where the contact is an initial complaint and/or does not warrant a visit under the priority action list. The noise leaflet should be sent.
3.0 PRIORITY ACTION LIST
In order to ensure that the worst noise cases are dealt with first and that noise complaints do not unreasonably interfere with higher priority work. The EH dept has chosen to instigate a priority action list for daytime noise complaints.
The priority action list is a mechanism whereby the priority of daytime noise complaints is assessed and action taken strictly in response to this assessment.
When a daytime noise complaint is made the receiving officer shall interrogate the priority action list to determine what action is appropriate in response to the complaint.
Unless the priority action list assessment indicates that a visit is appropriate, the complaint should be advised that no visit will be made this time; however he/she should be advised that the details of their complaint have been recorded and a noise leaflet will be sent. Complainants should also be advised to use the noise diary sheet in the leaflet to record incidents of noise as this is critical for the progressing of any future complaints.
3.1 Category 1 High Priority
High priority daytime noise complains warranting a visit within the day time target response time of two hours and intervention where appropriate, must meet the following priority 1 criteria:
- The complainants give full details of their name and address, and are willing to allow access for the assessment of statutory nuisance and the noise occurs regularly i.e. more than once a week; and
- there has been more than one complaint about the same noise from the noise source within the last three months, including:
- multiple complaints by one household on different dates;
- multiple complaints by several households on the same or different dates; and
- noise diary sheets have been satisfactorily completed and returned; or
- the noise is likely to seriously affect several households i.e. premises alarms or vehicle alarms in the street; or
- the noise is persistent, i.e. occurs for more than 60 minutes or if for a shorter period for not less than 15 minutes at least twice during the daytime period (07:00 to 19:00).
The priority 1 response is to be made within one working day. This means that a visit and investigation should occur within this time if EH staff are available. Any notice or letter that is required should be served or sent as soon as practicable and no later than 2 working days after conclusion of the investigation.
Where the complainant has literacy or language difficulties they will have to be interviewed by Environmental Health staff, with translation support if necessary to obtain equivalent information.
3.2 Category 2 Medium Priority
These are medium priority day time noise complains not warranting a visit as an immediate response, but whose details should be recorded as they are likely to progress to priority 1. To qualify as priority 2, complaints must meet the following criteria:
- the complainants give full details of their name and address, and are willing to allow access for the assessment of statutory nuisance but the noise is not persistent i.e. it lasts for less than 60 minutes and does not recur more than twice in the day time period (07:00 to 19:00) and does not recur regularly i.e. less than once a week; or
- this is a repeat complaint, but there is a time lag of more than 3 months between the current complaint and the last; or
- the noise is unlikely to be affecting several households.
Priority 2 noise complaints have a five working day response. This means that complaints should be acknowledged by sending a noise leaflet within five working days. Complainants should be advised to use the noise diary sheet in the leaflet to record incidents of noise as this is needed to progress any future complaints. A visit to inspect or investigate, if appropriate, should be carried out within five working days, followed by a notice or letter within 5 working days.
3.3 Category 3 Low Priority
All other daytime noise complaints have a 15 working day response. This means a noise booklet, acknowledgement letter or phone call within 5 working days. If necessary, a visit or an investigation should be instigated within 10 working days. A notice or letter explaining the intended course of action and possible time scales should be sent out within 15 working days.
3.4 Category 4 Other Cases
Certain complaints cannot be dealt with by the Environmental Health Dept and will not be progressed, these include:
- Anonymous complaints
- Complaints where access to the complainant's premises to witness noise and asses nuisance is necessary and is not allowed by the complainant.
- Complaints of very short term, irregular, unpredictable noise i.e. door slamming, single vehicle movements etc.
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