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

@Madthingsasking as a layperson, is there any point at which it would be a kindness to medicate these individuals rather than permitting the violence? It must be awful for them; would not a calming medicine help?

It's 2025. Disabled children are no longer hidden away thankfully.

Thankfully we dont lock disabled children up anymore

It is obvious that unless an almost identical case is brought to court then we don't really know what would be considered proportionate in cases like this. My point was more that the EA does not trump noise nuisance laws. It is indeed about balancing needs and rights.

This is a child not an adult. If the child's behaviour is creating a problem then Social Care intervention will occur before any eviction would be considered.

Your case law (first instance decision ie will not bind a subsequent judge) proves that her eviction was discriminatory under the EA, but proportionate. It does not establish that evicting a child in similar circumstances would also be a proportionate means of achieving a legitimate aim. As a general rule, noise created by a child for medical or developmental reasons would not be considered a statutory nuisance by authorities, so you wouldn’t get far with the Environmental Protection Act. Even if you did, you would still need to satisfy the criteria under the EA as explained above.

The woman was disabled and made involuntary sounds. The council even accepted that she was being treated unfavourably on the grounds of her disability but was acting to protect the rights of the neighbours.

I'm not saying that this legal precedent means that the court would always side with neighbours that have been disturbed by the disabled but it clearly is untrue that evictions can't be made due to the Equality Act as someone suggested upthread. It is all about balancing needs and rights.

This case is very different however compared to a profoundly disabled chid,/ teen who haa no concept of how his actions impact others

It's not written in stone, but it's possible that noise disturbance can result in eviction irrespective of the cause of the noise.

Case law proves that I am right:
https://www.bailii.org/ew/cases/EWHC/Admin/2020/1277.html

You can indeed be evicted for noise nuisance that occurs as the result of a disability.

It’s not as black and white as that @Bumpitybumper but essentially you can’t evict a family for anything resulting from their child’s disability. The LA needs to take reasonable measures to avoid eviction (which would include soundproofing). Reasonable adjustments for an autistic person would likely require the LA not to use temporary accommodation such as a B&B because of the impact on the autistic child’s regulation. The LA can’t evict without a court order, and good luck getting one in these circumstances. It’s all in the Equality Act 2010. 👍🏻

I also don't think it's written in stone that a disabled child will be chucked out of their home for being disabled.

There are also noise nuisance laws that exist to protect people in their homes from anti social noise. These are not necessarily trumped by equality laws in the way you seem to think they are. Just because you are disabled it doesn't give you a right to make your neighbour's life hell. This is just a legal fact!

We have two families with competing needs. It absolutely isn't written in stone that the family with the disabled child gets priority and everyone else has to suck it up.

No double standards here @Bumpitybumper . I have sympathy with everyone in this situation, but it’s not appropriate to blame the disabled child or his mother for involuntary behaviour caused by a disability. The fact that it’s a nightmare for the OP doesn’t mean there must be somebody to blame. It’s just a shit situation.

Autistic children generally need routine and familiarity to remain regulated. It would be a foolhardy LA that interpreted its legal obligations towards a disabled child in a way that allowed him to be turfed out of his home, into a transient place, and then fuck knows where. There are equality laws to protect disabled people and prevent that from happening, which I expect will disappoint you.

And I am actually advocating for the OP to involve the LA, but also pointing out that (ime of course) they move at a glacial pace and search high and low for reasons to do nothing at all.

I don't think anyone think it is perfectly ok that the process to get any help is generally lengthy, frustrating and ultimately unsuccessful but it is the reality and that isn't anybody's fault, including families who have disabled children.

It's also an essential human need for a disabled child to live somewhere that is appropriate for their needs and a B&B due to getting chucked out of their home because they are disabled isn't appropriate.

And it is that easy to just get rehoused? Into a detached property. In the catchment of his existing special school (I'm presuming this is what he attends).
Are you suggesting all disabled children who have noisy sensory seeking behaviour due to their disorders be housed away from "normal" people?!?!

Don't you see how your post is full of double standards.

You think it's perfectly ok for OP and her poor kids to go through a 'lengthy, frustrating and ultimately unsuccessful' process just to be able to get a decent night's sleep. An essential human need. You then acted shocked and appalled that the neighbours could end up in a B&B if they can't control the noise. The implication is clear. The neighbour and her family's needs matter more than OP's family. Absolutely reprehensible!

Exactly this!

I think there is an expectation on this thread that OP works with the neighbour to find a solution. This is very unlikely to work. OP has no parental responsibility for the child and no real power to implement anything in her neighbour's house. Her focus should be on herself and her own family and doing what's best for them.

If you block off the walls a child may bang on the floor or windows instead.

You sound very empathetic OP. You’ve had quite a few responses now (and another rotten night’s sleep!) so I think it is clear you need to talk to her. If you approach her with the same empathy you’ve shown while discussing the situation here, I’m sure it’ll be fine, and hopefully you can work out a way forward together.

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.

The sensory stuff is complex. We got DS a padded helmet when he was about 3 and he started trying to bang his teeth and jaw on the floor/walls to get the same sensory input. Or just used an object instead of his head. When we covered a wall, he discovered that banging the radiator was even more satisfying. He also started banging wardrobes and other large bits of furniture. They are not easy to dissuade.

None of that's OPs problem.

We don't know how effective a parent she is.

The OP can do all she can to ensure she is priorising her children.