Introduction
Noise Complaints themselves are taken as a low priority matter by the council and police. Noise can cause: Loss of sleep, Loss of employment, Suicide/Murder, Mental health deterioration. News stories from as long ago as 1994 and as recently as May 2016 have reported on the impact of noise.
http://www.independent.co.uk/news/uk/neighbourhood-noise-17-people-have-died-from-it-1389990.html
http://www.dailyrecord.co.uk/news/local-news/south-lanarkshire-council-target-noisy-8086541#vqkza6JAmj59uPXH.97
Often the individuals causing the noise have a previous criminal history of public nuisance, drunk and disorderly behaviour or antisocial behaviour. This often escalates into more serious crimes. When the lesser crimes are left unchecked the individual feels “Above the law.” and more confident in committing more serious offences.
The previous UK Government promised “Swifter justice for victims of 'neighbours from hell”
https://www.gov.uk/government/news/swifter-justice-for-victims-of-neighbours-from-hell
I would like to see this “swifter justice” in Scotland.
My Story
I am writing this petition in the hopes to find a solution for people in my situation:
I am diagnosed with Asperger's syndrome, or high functioning Autism.
Due to my Autistic Spectrum Disorder (ASD), I am very “sound sensitive”. After watching the Too Much Information campaign video by the National Autistic Society, I feel I am very much like the child in the video, except I am an adult.
I have experienced problems with a neighbour having parties. For me, it is very loud to the point where I cannot sleep and have to leave the flat and go to another house to sleep.
Environmental health officers have visited me and measured the sound level. The opinion of the noise team officer was that the noise level fell just under the legal threshold of 31DBA.
To a "normal" person this level of noise might be tolerated. To myself it is: Torture, Painful, Terrifying, and I flee the flat. I am becoming scared to live in my own home from fear that it may get noisy at any moment. I am now avoiding the place as much as possible. I may now be legally classed as homeless.
I believe there are several gaps in the law. I feel the following changes should be considered and looked at by Parliament:
(1) The 31DBA Threshold for noise should be reconsidered where the person in question is “sound sensitive” due to a disability or medical condition.
(2) The noise and anti-social behaviour laws should be reevaluated to take into account when a person is: A vulnerable person (such as with ASD) and/or has a learning disability, or mental health may deteriorate badly as a result (or is deteriorating).
(2) Adding sound insulation should be looked at where the poor insulation is causing noise nuisance
and an environmental health officer feels this is the problem.
(4) Sound insulation should be allowed to be added under disability adaptations where the person is sound sensitive due to a disability or medical condition.
(5) Individuals with criminal history or a history of violence should not be allocated houses next to
vulnerable persons or children.
(6) Extra points on the council housing waiting list should be allocated in the situation outlined above.
I would like the proposed ideas above to be considered by Parliament. Please open a discussion on making these ideas law, even if the solutions are not exactly what my proposed ideas are, as I realise a better solution might be found during a debate. Thank you for your consideration.