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CHAPTER EIGHT: CONCLUSIONS AND RECOMMENDATIONS
8.1 The conclusions and recommendations for this study are structured as follows: general progress of the scheme; areas of progress/success; areas for improvement and the report concludes on the overall effectiveness of the noise nuisance services.
8.2 These themes are in line the Scottish Executive's specification for this research, the objectives of which are listed at the beginning of this report.
Lessons from previous studies
8.3 Previous studies have provided useful insight to how the noise nuisance services in Scotland may be developed and implemented. These recommend systematic policies and procedures to safeguard minimum standards; internal departmental and external co-operation; public information, education and awareness raising; provision of mediation services at an early stage; and commitment to resourcing local projects to alleviate problems.
8.4 MORI (2003) public opinion research on behalf of DEFRA provides some very important insights to noise nuisance behaviours and solutions in England and Wales. This reveals that a significant minority of people are annoyed by neighbour noise, more usually in rented accommodation, and in deprived and urban areas. While affecting a small proportion of the population, noise problems are a key influence in residents' quality of life. Half of noise makers are unaware they are causing a problem, while the other half feel they have a right to do so, and some have no sympathy with neighbours over the impact of their behaviour. The methods of complaint appear to have an impact on response - the more informal routes generally illicit a more positive response to change than formal approaches do. However, a significant proportion of complainants are not comfortable with making direct informal approaches.
8.5 This work therefore suggests that the policies and procedures for noise nuisance services should be implemented through teams skilled to make balanced judgements over the technical aspects of the noise problem; the effect the noise problems have on households' quality of life; and, the type of noise maker so that the most appropriate response to solve the problem is taken.
General progress of the Noise Nuisance Services in Scotland
8.6 Progress in set up and service development has been varied across Scotland. From the eight case study LAs, some have experienced obstacles during the set-up period (such as sourcing equipment and recruitment problems) whereas others have mobilised the service quickly and effectively.
8.7 The eight case study areas were therefore all at different stages of service development and maturity, evident in the large variation in number of complaints and action taken against these. There have also been different approaches to public awareness raising on noise nuisance generally, and the local noise nuisance services specifically. This is an important consideration when measuring efficiency, effectiveness and value for money.
Areas of progress/success
8.8 The research provides a number of positive conclusions on different aspects of the noise nuisance services. These services appear to be working well in the LAs and have been well received. They are providing a valuable new service to the public and are contributing to value for money more generally by saving police time (which can allow focus on higher priority work).
8.9 The majority of LAs stated that the key reasons for developing the service was in response to demand from the public, and the availability of specific funding for the service was seen a good opportunity to respond to the perceived need. It was also felt to provide better value for money compared to response by the police, who have higher priorities.
8.10 NIOs confirmed the positive views from the LA case studies. NIOs believe the benefits of the service to be responsiveness to the public; its enforcement powers; and the strong technical basis of the services. Enforcement measures, such as warning notices, are also used and appear to be effective.
8.11 A range of service delivery models have been developed on the basis of perceived need, balanced with the availability of human resource. All the services offer some form of out of hours service.
8.12 Generally, NIOs are used over EHOs for the noise nuisance work. Where EHOs are used, these tend to be in a supervisory, managerial role or to provide 'expert' capacity. Given the large difference in salaries between these roles, this would suggest effective use of resources to tackle noise problems. Deployment of NIOs also serves to free-up EHOs and police for broader skilled work.
8.13 In relation to the Institute of Acoustics/Royal Environmental Health Institute of Scotland and the Certificate of Proficiency in Antisocial Behaviour etc (Scotland) Act Noise Measurement training, its relevance, duration and quality of delivery was considered to be appropriate.
8.14 Co-operation with other LA departments and the relevant police forces tend to be strong, although all the eight LA case studies and the vast majority of NIOs suggested there is always room for improvement in these working relationships.
8.15 The Scottish Executive guidance issued to LA has been well received and is considered overall to be very helpful in establishing appropriate policies and procedures and, therefore, in providing value for money for the service.
Areas for improvement
8.16 The research has revealed some areas for improvement in the initiative.
8.17 There are concerns over specific aspects of the noise provisions. This was clear from the LA consultation and confirmed by the NIO survey.
- The sound levels are considered by many LAs to be too high, particularly during the evening/night-time hours (some suggested one level for this whole time period would be more appropriate).
- Sound insulation is not addressed and this is believed to be a major grey area that requires staff to have experience and an understanding that this type of noise is not likely to be the fault of any particular party but is simply a product of poor quality housing type.
- The civil fixed penalty is not believed to be strong enough. It was alleged that, often, fines go unpaid and are not 'chased up' effectively by the Procurator Fiscal.
- There is no allowance made for complainers who wish to remain anonymous: they cannot be dealt with by noise nuisance teams and have to be passed to the police.
- Sound equipment requires a 0.6 second break in the noise nuisance to detect background noise levels. Increasingly, music is 'mixed' on CDs and there is no break.
- It is unclear what is supposed to happen with noise from dogs. Dog barking is difficult to measure, but the Act states that dogs can be considered 'noise making equipment' and therefore seized. Noise nuisance teams are not specifically trained to handle dogs and, therefore, this could introduce health and safety risks. It is unclear as to how this power fits with the Dog Warden service.
8.18 In terms of the NIO training, there were a few criticisms over the frequency of the courses, with new recruits often having to wait several months for training, which then has an impact on service delivery.
8.19 Evidence from the eight LA case studies, the NIOs and the public survey suggests further work in relation to public information, education and awareness raising of noise nuisance problems generally, and local noise nuisance services.
What is the overall effectiveness of the legislation?
8.20 The residents' survey has shown that noise nuisance is a problem for less than 50% of the respondents, and only 13% experience it as a major problem. While this is a relatively small proportion of the population, it must be remembered that noise nuisance in its worst form can be a debilitating problem. It is also very often associated with wider antisocial behaviour and the residents' survey shows that perceptions over the cause of antisocial and noise nuisance are the same: teenagers and substance misuse.
8.21 The residents' survey also shows that the public awareness of noise nuisance services is low, the awareness of the mechanisms that can be used to tackle the problem is very low, and their perception of how effective the measures might be are also low. Of those that do actually suffer from noise nuisance, 48% would not report the problem, often due to fear of intimidation, lack of confidence in the agencies resolving the problem, or the belief in self resolution. A critical finding to this research, is that even where the problem is reported, it is usually to the police or a LA department. Only 39% of cases said they would report specifically to the noise nuisance team. This shows, at the very least, that public awareness of the service could be increased. However, when questioned on the effectiveness of the agency contacted (this included all agencies contacted), intervention was viewed negatively by 69% of those surveyed.
8.22 The NIO survey presents some interesting findings to compare against those of the residents' survey. Of the enforcement measures available to NIOs, the NIOs surveyed indicate that the most effective are the informal mediation (confirming residents views) or fixed penalty notices, although, as noted under the areas for improvement, LA representatives stated these were not high enough, and not followed up. These findings bear a broad correlation to findings of previous studies as set out in the literature review.
8.23 The financial data limitations and relative infancy of these services mean that it is very difficult to draw any firm conclusions on the overall value for money of the services. It is clear that costs are extremely variable by LA. However, comparison between areas can only be based on average costs by complaints and number of visits, but the relatively early stages of development of these services will also mean that the number of complaints/ visits will vary considerably by LA, irrespective of their household populations. There are a number of variables that will affect cost effectiveness and, the evidence of a large range of number of cases, suggests that public awareness and, by implication, publicity of the service may be key.
Recommendations
8.24 Overall, current legislation powers and services are working well and a general level of need for the service is evident. The pilot Local Authorities have all made substantial progress in implementing the service which appears to be responsive to public concerns.
8.25 There are a number of key areas for consideration if the scheme is to be further improved. We offer the following key conclusions and recommendations, drawn from the research.
8.26 The noise nuisance services are relatively unknown and require further public awareness before their full value is to be established. The Scottish Executive should encourage LAs to provide public information on noise problems, and to publicise their local noise nuisance service. The level of advertising should be judged at the LA level, at a sustainable level and in line with changes to the service so as not to put an increased work load back to the police. A national publicity campaign might also be effective.
8.27 There appear to be efficiencies in the shared service delivery model, and other LAs, particularly those with relatively low numbers of complaints, should be encouraged to consider this model.
8.28 Self resolution and mediation, where appropriate, often appear to be the preferred option for tackling noise complaints, although the type of mechanism should be determined according to the 'type' of noise maker. Mediation is preferred in the first instance by the NIOs surveyed however this can only be used in a limited way, when all parties sign up to it. The NIOs surveyed also suggested that more fixed penalties should be adopted for persistent offenders, suggesting the 'stick' is not hard enough for persistent offenders, i.e. the penalties need to be higher, and enforcement must be carried through if it is to be effective.
8.29 Certain other key aspects of the noise provisions should be reviewed: sound levels; sound insulation; the level of civil fixed penalties; complainants' right to remain anonymous; the sound break requirement; and how to tackle noise from dogs.
8.30 Monitoring of LA expenditure on noise services would benefit from more specific guidance on the detailed breakdown of expenditure to be included in audited accounts to be submitted to the Scottish Executive. This would assist ongoing monitoring, but also provide the detailed information required in any future evaluations. The audited accounts should be broken down by the following categories: staff costs; equipment costs; publicity costs; and stationary costs.
8.31 The relative infancy of the noise nuisance services, and the substantial work required in set up for some Local Authorities suggests that a future value for money assessment should be undertaken (possibly within 2 years) so that the true value of these services can be established.
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