To speak to my neighbour's about her disabled child?

Being autistic ie disabled means that the LA have to consider the EA before evicting a family because of behaviour of a disabled child. Amongst other things, the EA means that reasonable adjustments must be made for the disability. That is what the law says. In the case of autism, this would likely mean that the child should not be in an unfamiliar, noisy, busy, transitory environment such as a B&B. That would all be sorted out long before the “baylifs” turn up, if the disabled child’s mother has any nouse.

Sigh. You would need:

• a LA willing to accept that the involuntary noise made by a disabled child is capable of being a statutory nuisance (definitely not a foregone conclusion).
• a fucktonne of evidence collected over a lengthy period to evidence the noise levels, and assuming that it supported a possible eviction;
• a legal assessment of the LA’s responsibilities under the EA, including its obligation not to discriminate against disabled people, to act reasonably, make reasonable adjustments, etc (and I suspect they would try everything and anything else first, because they would be exposed from a legal perspective and are generally risk-averse).
• if the legal assessment supported eviction as a “proportionate means” etc, the LA would need to go to court and convince a judge that their legal assessment was correct in order to get a court order - ime it would be a very unattractive argument to make, and might even fail at this stage.

There are quite correctly many checks and balances in place to protect the disabled and children, especially in circumstances where they are in difficulties as a direct result of that disability.

Lots of families with disabled kids can't afford to have lots of different pots of money for many families all the money goes in one pot ,so yes,the FLA might well go towards the food shop.

The EA doesn't trump noise nuisance laws. There is absolutely no reason why a disabled child's involuntary noises wouldn't be considered a statutory nuisance. It satisfies all of the criteria and isn't in any of the councils list of exemptions that I have checked.

The woman in the case law shared on this thread made involuntary noises. This isn't enough to make a noise not a statutory nuisance.

No, discrimination by a private landlord is still unlawful under the EA. The same rule applies, ie you can’t evict someone for anything related to their disability. As explained above, statutory noise laws may not assist in the context of a disabled child’s noise - it’s involuntary, and not necessarily anything that can be changed or mitigated. That would always involve the LA.

No, discrimination by a private landlord is still unlawful under the EA. The same rule applies, ie you can’t evict someone for anything related to their disability. As explained above, statutory noise laws may not assist in the context of a disabled child’s noise - it’s involuntary, and not necessarily anything that can be changed or mitigated. That would always involve the LA.

But they do.
Councils have to house people in they are homeless.

The landlord is within his rights to evict.

If the neighbour leaves before the baylifs turn up then the council are not responsible to house them. Only if they are evicted by baylifs are they legally homeless and only then will the council help.

There are long waiting lists for nearly all of the UK so they will be housed in communal flats with a room and access to a kitchen, or a bnb. Whatever.

Priority may be given as the child is disabled but there are many others with similar and worse family makeups ahead in the queue. Being autistic does not mean you do not join that queue !

Who is it violent too?

Who is it violent too?

I’m not being offensive, I’m asking sincere questions. There have to be solutions beyond “it can’t be helped so everyone can just suck it up and be sleep deprived.”

DLA isn't for eating though, is it? That's what the UC side of things is for. Although I'm sure you'll come up with reason ie the neighbours son, because he has autism has sensory issues around food and so the neighbour has to offer an a vast array of foods each mealtime, eating up all the UC & DLA..

Nobody is going to put an autistic child in a B&B. Jesus wept. Why not just flog them both in the street?

The best option is for the LA to step in and help the neighbour mitigate the noise. I and others have pointed out that the process of getting this help may be lengthy, frustrating and ultimately unsuccessful.

Your advice is incorrect

The landlord can evict the family. It’s a private rental.
They have the right if they can show they are causing a nuisance and letters from OP will show that.

This isn’t a LA property.

Above eating. OK then.....

The eyeroll is because it’s downright stupid to declare that banging which makes a party wall shake is NOT violent. Of course it is violent.

If your questions are sincere then what's with the eye roll when someone is trying to explain to you that a non verbal autistic child with limited to no understanding isn't trying to be violent or naughty or hurt anyone else but is sensory seeking when banging on the walls?

There are solutions. Unfortunately, they are expensive, time consuming and are regularly denied despite the need due to funding issues.

It is totally possible for a disabled child making involuntary noise to be considered a statutory nuisance. The criteria are that:

it must cause significant interference to the normal occupation of a premises by a person of average sensitivity
it must be caused by some unreasonable or unusual act or omission or behaviour

Councils may well stipulate they won't investigate 'normal' noises from children playing or babies crying but someone headbutting the wall into the early hours of the morning clearly isn't usual or reasonable.

The autistic child may well not be put in a B&B but they may be evicted from their current accommodation and offered a suitable alternative. They don't have an automatic right to remain where they are just because they are autistic.

I’m not being offensive, I’m asking sincere questions. There have to be solutions beyond “it can’t be helped so everyone can just suck it up and be sleep deprived.”

There isn’t really a solution though, that’s the point. The disabled child can’t help it, I’d bet my house that his poor mother is only too aware of the problem and would have fixed it already if she could. His needs are not going to magically disappear whether the OP stamps her foot or asks nicely. 🤷🏻‍♀️

There is a tiny chance that the OP’s predicament will help convince the LA to fund some adaptations, although don’t hold your breath for it happening any time soon even if there is funding (which there probably won’t be). This definitely won’t happen if OP antagonizes her neighbour. As I said, nobody is going to evict this family in a million years.

Huffing and puffing about the OP’s children’s rights to an education is all well and good, but it doesn’t move the dial on the actual problem.

My point, which you agree with, is that it isn't reason enough to start sedating disabled children.

Well stop trying to be offensive about disabled children then
And nobody wants violent ,uncontrolled noise in their homes least of parents of disabled childen.

I have every sympathy for the OP, but there’s not a chance in hell the LA would evict a disabled child’s family over a noise complaint. I have an autistic boy who went through a wall/floor banging phase, and the mats, helmets and pads we put in place to prevent him injuring himself just caused him to look elsewhere for the sensory stimulus he wanted. Luckily we are detached, but it would have been unbearable for the neighbours if not.

A little kindness goes a long way in these situations.