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

[RootsBeforeTheFruits]

OK I've named changed....

I've recently moved house and have been at the new house about 9 months, for the first few months next door was empty and being renovated. Once it finished it was quickly rented out to my current neighbour's. She's a nice enough woman we have a gab in passing, she had a son with additional needs.

Here's the problem ....it's a terraced style house and he frequently bangs shit out of the walls, in the day I don't mind as much it's the day, but he bangs well into the night i don't mean the odd tapping it's actually shaking our walls. It frequently wakes my children up in the night and they've been extra tired in school.

Do I speak to her about it, i explain to the children that he has additional needs and more than likely can't help this behavior, I really don't know what to do

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.

Agree @TheHerboriste no one has to suck it up!

Violence need not be directed toward anyone or anyone. Weather can be violent. Emotions can be violent. Etc.

Aga, deflection by nitpicking over others’ posts doesn’t work. The fact is that the OP and her children , through no fault of their own, are experiencing health harm and vastly reduced quality of life due to the presence of the other family. The reverse is not the case.

Saying “he’s autistic, tough luck for you,” isn’t helpful.

You can be violent without it being aimed at a person.

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.

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.

The landlord would not be discriminating against anyone.
Their reason for eviction would be because they are causing a nuisance. Which OP can clearly show.

Its irrelevant to the courts why this nuisance is happening. Yes it really is!
If the landlord follows correct procedure they can evict them.

"It satisfies all of the criteria and isn't in any of the councils list of exemptions that I have checked."

Councils have specific duties towards disabled children.

As has been explained already, the eviction WAS discriminatory but it was deemed proportionate. It does not mean that a disabled, dependent child in a similar scenario would lead to the same conclusion. It’s not even binding on a later court.

I don't for a second believe that every penny of the families UC, most likely highest rates of DLA, carers allowance, carers supplement etc is all taken up for basic needs including food and heating etc that there is nothing left for disability related expenses. Again, I'm sure disingenuous people will be along to argue otherwise and say I'm naive for not swallowing that nonsense.

You can sigh all you like but the reality is that it is totally possible that the family with a disabled child making nuisance noise could be evicted following largely the same process that was used in the case I shared upthread. I never suggested it was an easy or quick process.

You think (based on no real legal evidence) that the fact that a child is involved will mean that an attempted eviction will fail. I see absolutely no reason why you are so confident about this. The balance of harm to the disabled child may be considered higher by the LA/Court but equally the child could be inflicting a higher level of harm of neighbours and importantly their children.

I accept all children are different but councils cannot delay the eviction process. Ever. It is up to them whether they f8nd a suitable place but that will not stop or delay the process. The timing of which is set down in law to protect both parties.

An end of terrace house is generally the same amount to rent as a mid terrace house. It might be better if he lived in an end of terrace house and his bedroom on side of house not attached to other terraced house.

I’ve been a solicitor in legal practice for 26 years, and I absolutely pinky promise you that the disabled person could challenge an eviction by a private landlord based on disability discrimination, and that the private landlord is absolutely required to comply with the EA. Even in noise nuisance cases.

You may not like it, and the end result might be that the disabled person still gets evicted in some cases, but the law is there to protect the disabled (some of whom make involuntary noises).

You can believe what you want but having a severely disabled child is expensive.

Have I ever denied that it wasn't considered discriminatory? I don't know why you're trying to explain this point to me. It was proportionate because there was more than just the EA and disabled person's rights to consider. Noise nuisance laws aren't trumped by the EA.

Of course, there is no guarantee that the same decision will be reached in another case with different parties and elements involved. It is the closest we have though to an indication of what can happen when there is a conflict between a disabled person's right to make nuisance noise and a neighbour's right to enjoy their homes without the nuisance noise.

The law is there to protect everyone and if neighbours are not getting any sleep there is a very good reason to declare the property unsuitable.
As I said
If the landlord applies correctly they will be allowed to move the family out.

We’ve seen it done before where we lived and my cousins have just been through the exact same process ( although it wasn’t a noise issue ).

It can be expensive. It depends on their disability and what adaptations, therapies etc they may or may not need. However as I say, I do not believe for a second that for the majority of families with disabled children, the entirely of UC + DLA (various components) + carers allowance + carers supplement etc is all spent on the basics of food and household bills. I have a brother with autism, non verbal, requires 24/7 care. I also have a close cousin with down syndrome who requires a lot of input. I'm not clueless about the financial practicalities of disabilities.

The disability related expenses are likely going on other things such as if he has a special diet, needs adaptive clothes for sensory reasons, adaptive shoes if his walking is impacted at all due to walking on toes etc, therapy to help his quality of life that is unavailable on the NHS and the such like.

carers allowance is taken by universal credit so disabled parents on UC don't get to keep it.

I spent £35k on medical evidence to support DS’ EHCP.

We get DLA of £300 a month.

Specific foods and clothing (which aren't disposable mind however granted may need to be replaced more often than my own clothing) etc aren't taking up the entirety of the DLA components, UC, carers allowance plus supplement etc. I'm aware of the costings of adaptive clothing, that's what we buy my brother for his birthday/Christmas. There are specific therapies that may not be covered however many of them are provided by the NHS. Unless our NHS up here in Scotland is some kind of utopia in what it provides and there are glaring disparities down south where nothing at all is provided

”Specific foods and clothing aren't taking up the entirety of the DLA components, UC, carers allowance plus supplement etc.“
in my case they are.

DLA won't be all you'll get if you're caring for him full time. It is also more than £300 a month if we're talking the highest rate of everything. And the £35k (if accurate) isn't a recurring expense.

Above and beyond the money you would spend on regular food and clothing anyway? Nope.