Information regarding historical anti-social behaviour?

leamingtonspaceman

Friends of mine, a young couple, moved into a Council flat six months ago just before the birth of their first child.

After moving in they were subjected to noise and anti-social behaviour from the flats above and below them. This continues and I am helping them go through the correct channels regarding this.

During one discussion with their housing manager I asked why the previous tenants moved out and was it associated with the noise and ASB issues. She said this wasn't the case and that noise issues hadn't been a problem. 

Other neighbours have since told us that these noise issues have been going on for years, long before my friends moved in.

So... is it possible to find out about historical complaints of noise and ASB relating to the two properties involved? I am wondering if the Council acted irresponsibly housing a young couple with a baby in a flat with known and historical ASB issues going on around them.

Are the Council under any obligation to reveal such information?

Thanks to anyone who can help.

davidmcn

In theory they could make a FOI request, but probably then find it's redacted or refused because it would contain personal information about the complainant or complainee which the council can't disclose. I doubt they have a remedy about it not being disclosed to them before they took on the flat, all they can really do is pursue further action now.

leamingtonspaceman

davidmcn said:

In theory they could make a FOI request, but probably then find it's redacted or refused because it would contain personal information about the complainant or complainee which the council can't disclose. I doubt they have a remedy about it not being disclosed to them before they took on the flat, all they can really do is pursue further action now.

Thank you.

Yes... a FOI was my thought but I came to the same conclusion as you, that it would be pointless due to data protection and confidentiality. But if this behaviour is historical then surely there has been a dereliction of duty and care by the council in housing a couple with a child in such an environment?

The child is my Godson and I am fiercely protective of them all.

greatcrested

Does not answer your question but - where were they living before?

Council housing is hard to get. It may be that the council had the choice of housing them there or in B&Bs for an indefinate period of time.

davidmcn

leamingtonspaceman said:

davidmcn said:

In theory they could make a FOI request, but probably then find it's redacted or refused because it would contain personal information about the complainant or complainee which the council can't disclose. I doubt they have a remedy about it not being disclosed to them before they took on the flat, all they can really do is pursue further action now.

But if this behaviour is historical then surely there has been a dereliction of duty and care by the council in housing a couple with a child in such an environment?

I don't know the nature of the ASB, but is there anything in particular about it which makes a couple with a child a worse option for tenants than somebody else?

leamingtonspaceman

greatcrested said:

Does not answer your question but - where were they living before?

Council housing is hard to get. It may be that the council had the choice of housing them there or in B&Bs for an indefinate period of time.

When they were bidding there were plenty of properties available which they qualified for.

But like you've said... it doesn't answer the question I asked in my post.

leamingtonspaceman

davidmcn said:

leamingtonspaceman said:

davidmcn said:

In theory they could make a FOI request, but probably then find it's redacted or refused because it would contain personal information about the complainant or complainee which the council can't disclose. I doubt they have a remedy about it not being disclosed to them before they took on the flat, all they can really do is pursue further action now.

But if this behaviour is historical then surely there has been a dereliction of duty and care by the council in housing a couple with a child in such an environment?

I don't know the nature of the ASB, but is there anything in particular about it which makes a couple with a child a worse option for tenants than somebody else?

The effects of ASB on anyone can be far-reaching. But a newborn child has specific nurturing needs from parents... needs that an adult doesn't have. If the parents are being affected to the extent my friends are then it impacts on their ability to parent a young child who is in the first stages of life.

The nature of some of the ASB affects the child directly via sensory means.

So, not a good situation for anyone but to expose a baby to it is pretty irresponsible.

But this isn't related to my original question.

Norman_Castle

You're assuming the council were aware of the problem, often they aren't as people don't always complain. Ask about a transfer or look for an exchange.

Chandler85

The short answer is, you will find it extremely hard to find out unless another neighbour confirms an actual complaint was put in.  Not just that the old resident use to whinge on the hallway every so often.

All the rubbish about it being irresponsible to house someone with a child there is irrelevant.  There are probably thousands of children from 0-18 growing up in houses with noisy neighbours and anti-social people, whether they are rented, privately owned or council.  The council won't move someone because they have a young child and it is noisy, the same child will probably be a cause of noise to someone else in the future.  That is life.

The options are to complain to the council/ housing association or try and get an exchange with someone else and move homes.  There is a shortage of council/ social housing almost everywhere in the country. 

A noisy flat is better then a temporary B&B or on the streets.

steampowered

Unfortunately, there is a real shortage of council properties. It may be that an alternative property is not available.

leamingtonspaceman

Norman_Castle said:

You're assuming the council were aware of the problem, often they aren't as people don't always complain. Ask about a transfer or look for an exchange.

No... I haven't assumed the council were aware of the problem. This is why I asked in my original post if it were possible to find out if they were aware.

So your solution is to ask for a transfer or exchange? Not to get the people who are responsible for the ASB to stop?

I didn't ask for advice on what to do about the ASB itself. I asked if it were possible to find out if the council knew about it.