- August 23, 2023
- Posted by: legaleseblogger
- Category: Related News
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New Neighbors and Ongoing Issues
A few months ago, we welcomed new neighbors into the property next door. However, unlike us, they are council tenants. Upon their arrival, we noticed that they had a young son, who seems to have autism or other mental health challenges. The only sounds we ever hear from their house are his screams and vocalizations without words. This situation has raised concerns for us, as we have been experiencing various problems ever since.
Firstly, we have been disturbed by incessant banging on our shared walls during late nights and early mornings. Additionally, the parents’ shouting and screaming matches disrupt our sleep, which is particularly problematic for my husband since he works night shifts. As responsible neighbors, we initially approached them to address these issues. However, they displayed a dismissive attitude, refusing to acknowledge our concerns.
Reporting to the Council
Given the lack of cooperation from our neighbors, we decided to report the disturbances to the council. Sadly, this action did not bring about any significant changes in their behavior. During the day, they have started leaving their child outside, where he continuously makes noises and hurls objects, even damaging our fence panels that separate our backyards.
Concerns for Our Dog’s Safety
Worried about our dog’s safety, we once again tried to reason with our neighbors. We informed them about our concerns, emphasizing that we did not want our dog to get hurt. Instead of addressing the issue constructively, the parents became irate, expressing their frustration at us for involving the council. Their response was far from helpful, with one of them even sarcastically suggesting that we lock their child in our shed.
Incident with Our Dog
Recently, the situation escalated when their son broke a part of the fence and entered our garden. He proceeded to chase our small to medium-sized dog, attempting to grab hold of him. In the chaos that ensued, our dog ended up biting the child on the hand. It was fortunate that my husband intervened promptly, separating the two and returning the child to his parents. However, this act of intervention angered the neighbors further, and they threatened to involve the police. Frustrated by their lack of control over their son, my husband lost his temper and confronted them before leaving the scene.
Video Footage Evidence
To ensure a fair assessment of the situation, we reviewed the camera footage from our backyard. The footage clearly shows their son breaking into our garden and aggressively pursuing and provoking our dog. We have captured the moment when my husband stepped in to protect both the child and our dog. This evidence demonstrates that our dog only acted in self-defense against the child’s threatening behavior, something we believe should be taken into consideration.
Moving Forward
At this point, we are unsure of what to expect from the situation. We anticipate possible involvement from the authorities due to the neighbors’ threat of involving the police. To prevent any further unauthorized access to our garden, we had to temporarily block the gap in our damaged fence. However, we understand that it is our responsibility to repair the fence, even though the damage was caused by their child.
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FREE Legal Document translation
****** just grabbed a
Get onto the council or housing association. It’s their job to maintain their property and even though the fence is maintained by yourself you should approach them.
The tenant of the property should repair your fence however I doubt this will happen.
You should ask their landlord to repair the fence as a good will gesture. Discuss the problem with them and try to resolve the whole thing.
Key questions.
How am I supposed to keep paying for damages with money I don’t have because of your tenants?
What am I supposed to do the next time this happens?
How can we fix this fence?
Nice open questions like this makes the landlord do all the thinking and come up with the answers. Use how questions as soft no answers to any answer other than we will fix it for you. E.g. we aren’t going to fix it! You answer: how am I supposed to pay for this damage?
You need to get onto your councillor about the anti social behaviour.
Legally however the fence is your responsibility and you can try to claim the cost of fixing the fence back via small claims court. I do doubt your ability to recover the money’s from your neighbours.
FWIW, I believe the dangerous dogs act wouldnÔÇÖt apply as it seems primarily targeted at having an out of control dog in a public place. Your fenced-off garden is not public.
From what I remember of another post recently involving a pregnant lady where someone entered the house and the dog bit them (different circumstances admittedly), there was some legislation cited that essentially said that an animal can protect property and occupants as long as it isn’t displaying excessive aggression.
I would argue that if the child was deliberately chasing the dog and it was at that point it bit the child, you have nothing to worry about. If the dog immediately went for the child as soon as it came through the fence it would potentially be a different story, but with the circumstances as you have presented them, I honestly don’t feel that you have anything to worry about.
Your local children’s Safeguarding MASH hub via police, social workers or school need to know that a vulnerable child was injured potentially due to neglect, despite the parents being warned of a potential danger.
They will be obliged to interview the family, and hopefully offer them support rather than criminal action if it was just a matter of the broken fence.
The welfare of the child is (and should be) the key issue here.
IÔÇÖm a mum to a severely disabled child who like your neighbour, is prone to escaping and entering other peoples property.
You are most certainly not at fault and if the parents say ANYTHING, ask the parents why they havenÔÇÖt reached out to their childÔÇÖs OCCUPATIONAL THERAPIST for a Safe Space for their child and why they havenÔÇÖt actioned the occupational therapist to make adaptations to their property so their child canÔÇÖt attack your dog.
I wish your dog all the best and I hope everything works out well.
I would hope the police/social services are more concerned with the childs welfare. I don’t think you can be held responsible in the circumstances you mention (NAL) but the country is badly run, so best keep that video footage and a log of previous incidents so you can demonstrate that the parents are incompetent and the child damaged his way into your garden.
Report the incident to the council and the family to social services. If the parents can’t adequately ‘parent’ their child and allow the child to come to harm and do nothing about it, then social services should be involved.
NAL
Sorry to here about your dog.
Here’s some info about dangerous dog offences in the UK
https://www.cps.gov.uk/legal-guidance/dangerous-dog-offences
‘Under section 3(1A) of the 1991 Act a person is not guilty of an offence where the dog is dangerously out of control with respect to a trespasser who is in, or entering, their home, whether the owner is present or not’
Dogs have a defence of biting an intruder if it is inside a home. Gardens are not covered. This is mainly to discourage unofficial guard dog use.
‘The exemption under section 3(1A) does not apply to dog attacks on trespassers in gardens, driveways or outbuildings’
Also there’s mention that provocation of the dog must be accounted for:
‘Was there a high level of provocation to the dog immediately before the attack?’
The dog was not out of control until clearly provoked to bite and even when it did your husband was able to separate the two and the dog did not carry on. The police might want to talk to you and see the dog. But I can’t think anything more will happen
Again sorry this has happened to you
OP I have a child who has autism and is prone to run away. He requires a lot of care. There is no way you can leave a nonverbal child outside without constantly checking on them. In addition when a child has an injury like for example a dog bite you have to give so much information to the doctors and social workers. There is a chance these people didn’t take their kid to the hospital and he can suffering with an injury. You need to contact DFCS today. Either this child is being medically neglected or the parents are completely overwhelmed- either way social services needs to be involved.
As you have the camera footage. Report the incident to the police citing the camera footage of them breaking onto your property and disturbing your dog and your family. They may have disturbed your dog at first but they may target your house next. As you were home you were looking after your dog fine in your garden.
Have you spoken to social services about the child’s welfare? It may be worth giving them a call rather than just the council.
They can’t have the dog put down as their child is basically trespassing onto your property and tormenting the dog, which you have all on camera, so don’t worry there. I’d keep on at the council, make recordings of the noise note down times dates etc, and keep reporting
We had a dog bite incident and found a specialist solicitor online – there are a few.
We paid 50 quid for a consultation over the phone and it was the best money we ever spent – totally put our minds at ease, and they knew all the relevant legislation as that’s literally all they work on.
Would recommend
E: would add that it is a good idea to wait a bit till everyone has calmed down and try and speak to your neighbours again to clear the air. You don’t want some shit ongoing fued with the people that live next door to you, as it’ll create headaches.
That being said, having CCTV in the garden is good incase they start trying to poison the dog throwing stuff over the fence for it to eat. Another reason to try and clear the air
Contact social services, they left a kid with mental problems on his own outside; they are lucky he went in your garden and just got bit by a small dog, as he very well could have run to the street and got ran over by a car
NAL but have suffered the consequences of not phoning the police first previously.
More than happy to be shut down here by the more educated and experienced amongst us, but would it not be better for OP to go to the police and get their side on paper now rather than later?
NAL but IÔÇÖd actually report this to the police. The parents have legal responsibility for their child who has caused criminal damage through their neglect and has been placed in danger because of them too. Your property is damaged, your dog couldÔÇÖve been hurt and the child couldÔÇÖve been seriously injured. Police and social services need to be escalated to before something more serious happens. The parents clearly need mandated support if theyÔÇÖre struggling but trying or the child may require more appropriate care if theyÔÇÖre neglecting him and not appropriately supervising him to prevent him from harm.
Keep complaining the council will eventually do something, the council estate I live on usually if we get knob nabiours their good at getting rid of them,
Sounds like their neglecting their child ƒÿò hope your doggie is okay Ôÿ║ least you’ve proof their child entered your garden.
Report to social services, the child is being badly neglected.
IÔÇÖd also suggest getting the email address of the person in charge of the housing department.
Then, every single time something happens, no matter how trivial and no matter what time of the day or night it is, email them.
IÔÇÖm talking from previous experience here.
They do not like receiving emails at three in the morning.
Call the police. He broke into your property. You have proof, and it’s going to take a lot of proof to get rid of this family, so you might as well start now.
His parents clearly aren’t doing anything so maybe the police having a word might change their tune.
Also you’ll need a police report in order to get your neighbours to pay for the damage to your fence too
You’ve got footage of it happening, complain to the housing association who run it provide them the footage.. bcause it’s damage by there tenant they try a couple of things offer 50/50 costs or flat out repair it.
If they refuse, then tell them you’ll make it a police matter as its trespassing.
If I were you if there is all this banging shouting going on, if your cctv records audio make copies and provide to housing they will warn em and possible eviction if it continues.
I have a similar issue going on with my own neighbours who are council.
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Very important thing to do about the antisocial behaviour or any other issues with the neighbours. Write in a diary. This can and will be taken as evidence.
Every time you hear banging on the walls, screaming or anything else, write in the diary, date, time, what happened.
NOL but have been advised by citizens advice bureau about something similar. Always have a diary about any and all issues with neighbours!
Go to the council and do not relent, it’s their job to ensure shit like this doesn’t happen. If you also believe the child’s parents are struggling to handle their child, get social services involved. They might be outraged but if you do what’s in their kid’s best interest they can’t go at you for that.
Best bet is to call social services and inform them that your neighbours are neglecting their autistic son letting him stay out unattended in the garden all day by himself
Your local authority will have a safeguarding contact number. I would first of all contact them as it does not appear the parents are able to proactively safeguard and care for their child and support is needed before any more serious incidents occur. I have worked in sen school and although children can be extremely challenging it still does not sound like they are able to care for their child appropriate.
You need to ring social services on the child, heÔÇÖs clearly not being looked after properly and itÔÇÖs a neglect safeguarding concern!
Could we have an update if anything comes out of this? I always hate the stories about dog owners being punished for another persons out of control child.
They’re keeping the kid outside so he doesn’t damage their own home and belongings, and are unable to or don’t want to parent to the degree required, despite likely being paid by the government to do so.
Call the police and social services. Make them aware of the child neglect and criminal damage.
Every time you hear banging or screaming, call the police. Especially if it’s the parents doing the screaming.
Report the trespassing to the cops preemptively, before these specimens get the cops arrayed against you.
You have a responsibility to ensure your dog is not out of control, even on your own property. Fortunately your dog sounds like she was very much in control, having defended herself in a limited and proportionate manner. What a good girl!
Evidence, start a diary and enter every single time you are disturbed, photographs of damage, if you interact with them record it, everything times and dated.
Sounds like the kid needs to be on medication IÔÇÖd get social services involved
Every time there is a problem, anything complain to the council.
Even if it just noise at night, complain.