Noise nuisance assurance table

Key:  

Green: we anticipate that we would be compliant (with assurance provided), although acknowledge that some areas could be strengthened

Amber: we anticipate that we would be non-compliant (with explanation or action provided)

White: government action/not directly applicable to landlords

Appendix A: Noise Nuisance ASSURANCE TABLE

 

What The Ombudsman is proposing

 

 

Westward assurance/action for compliance

Lead person

 

Decent Homes

1

 

 

 

The Decent Homes standard should be revised to fully reflect the causes that can result in residents experiencing noise nuisance. By focusing exclusively on external noise, and primarily noise from vehicles or factories, it does not reflect modern living for most residents.

 

·       Westward’s decent home standard makes reference for the need for materials to have sound proofing particularly around windows, doors and general sound proofing.

·       Development standards also take into account the need for sound proofing. 

AED Property,

 

Net Zero

2

Landlords should consider their net zero plans for insulation to ensure that the thermal insulation activity planned will also provide noise insulation and will not make any existing noise transference issues worse.

 

·       Where insulation works/improvements are required, Westward will consider the noise insulation provided by materials that Westward use.

AED Property

 

 

Void Standard

3

Landlords should update their void standard to ensure that:

  • Carpets are not removed unless they are in a poor state of repair
  • Hard flooring is removed when there have been reports of noise linked to the property
  • Properties have adequate insulation from transference noise
  • Anti-vibration mats are fitted into the washing machine space as standard.

 

If landlords assess the condition of the carpets as good, they should ask the prospective tenant if they wish to keep them and if so, to sign a liability waiver.

 

 

·       The new Westward void standard was reviewed and implemented in September 2023.

·       Hard flooring is removed during the void process.

·       Insulation within a home is checked during the void process to ensure it is suitable for the home.

·       Anti-vibration mats are fitted during the void process.

·       If carpets are in a good condition they will now remain within the home and be cleaned where required.

AED Property

 

 

Good neighbourhood management policy

4

Landlords should have a proactive good neighbourhood management policy, distinct to the ASB policy, with a clear suite of options for maintaining good neighbourhood relationships and a matrix for assessing which option is the most appropriate. These options should include mediation, information sharing and community building events and, where appropriate, dedicated staffing. This will ensure that low level issues of neighbour friction are dealt with at the appropriate levels and not inappropriately handled as potential ASB.

 

Landlords should engage residents in the development of the good neighbourhood management policy, including residents who have recently raised a formal complaint with the landlord, to assure themselves that it reflects the expectations of residents and will be effective.

 

·  Neighbourhood Policy reviewed with customer feedback collected as part of the review.

·       Currently, noise nuisance is managed within our ASB policy.

·       Generally, Westward will manage low level issues of neighbour friction outside of the ASB policy but not within a standard policy by seeking to mediate with the customers involved. 

HSM Tenancy (East)

5

Landlords should have a triage methodology for identifying whether a noise report should be handled under the ASB policy or the good neighbourhood management policy. This should include a recognition that the time the noise occurred has a bearing on whether the noise is anti-social in nature.

 

Landlords should provide training on this triage methodology, including regular refresher training and whenever there is staff change.

 

·   New Neighbourhood policy July 2024 introduced. ASB policy is clear on noise levels required for an ASB case to be logged.

·       Regularly training is undertaken with the Hub to ensure that they have an awareness of the difference between ASB and low level noise nuisance and the actions they should take when these issues are highlighted to them.

·       New staff members are also trained on the difference between ASB and low level noise nuisance and the approach they should take when each of these issues are presented.

·       Our website provides information to our customers about these issues and where they can access advice and guidance for the current issues they are facing

HSM Tenancy (East)

6

Landlords should give consideration to separating the role responsible for collecting rent from the role handling noise reports to avoid any perception

of a conflict of interest and a concern that the resident might get a different service on their noise report than they might do otherwise if they are in arrears.

 

·       Westward’s Arrears Officer role focus purely on rent collection with the responsibility of handling noise reports falling to Housing Officers.

HSM Tenancy (East)

7

Landlords should review the job descriptions of public-facing roles to ensure that the handling of reports under the good neighbourhood management policy is recognised as part of their housing service provision duties.

 

·   Neighbourhood management policy reviewed in July 2024 and appropriate job descriptions were considered but no adjusted as part this of this review.

HSM Tenancy (East)

8

Landlords have demonstrated the benefits of staff being present on some estates to provide early intervention where noise is reported. However, these resources are often limited and targeted at hotspots. Landlords should review its presence on estates and the data and information that prioritises intervention, to support an effective good neighbourhood strategy.

 

·       Westward undertake regular estate inspections within our scheme management report and dashboard.

·       New systems such as ASB module, GIS mapping and the customer sentiment project provide us with additional options when looking at prioritising inspections where frequent noise nuisance is reported.

HSM Tenancy (East)

 

ASB Policy

9

ASB policy timescales should be realistic and achievable. Adherence to timescales should form part of governance reporting.

 

·       Introduction of the new ASB module allows us to more efficiently monitor our performance within the ASB policy.

·       Within the new policy, dates for actions within an ASB case have been clarified and are now monitored by the Housing Services Manager for the area.

·       The introduction of dashboards that take data from the new ASB module have enabled managers to see where timescales are not being met.

·       ASB is reported to ET every 6 months and annually to Board through the TSMs and also to ET through the Housing quarterly operations report.

 

HSM Tenancy (East) & Customer Insight & Engagement Manager

10

Where options for action are included in an ASB policy, there should be clearly set out thresholds when they will be considered and/or when they might be considered inappropriate.

 

·       The new ASB policy was launched in September 2023 and recommendations within this report have been taken into account.

·       Westward will take into account the need to set clear thresholds within the policy however it is important to note how different each individual case of ASB may be and the actions that each case may lend themselves to, could be widely different. 

HSM Tenancy (East)

11

ASB policies should be realistic and practicable. Landlords should review their existing policy for whether it is routinely complied with or whether it is inherently unworkable, particularly in regard to the frequency of updates to residents, the number of stages and the likely outcomes.

 

Landlords should engage residents in the review of the ASB policy, including residents who have recently raised a formal complaint with the landlord, to assure themselves that it reflects the expectations of residents and will be effective.

 

·       Westward will review it’s ASB policy routinely every 3 years and more frequently should lessons learnt from incidents or good practice guidance require amendments.

·       Within the new policy, new prompts have been put in place to ensure that residents affected by ASB are regularly kept up to date.

·       Performance data from the new ASB module will ensure that managers are able to see that the policy is being followed and tasks are completed within the policy.

·       Westward has sought feedback from customers in relation to the review of the ASB policy have used this feedback to shape the ASB policy which was launched in September 2023.

HSM Tenancy (East)

 

Allocations policy

12

All applications for housing should be assessed for the impact on the existing community and not just those considered to be sensitive.

 

·       Choice based lettings does not allow for refusal of customers due to potential noise nuisance.

·       Applicants with a history of proven noise nuisance within the last 5 years are not considered within our allocations policy.

·       Where appropriate Westward will work closely with local authorities to put in place local letting plans to ensure that incoming customers are appropriate for the neigbourhood that they are moving into.

·       Westward will work proactively to highlight upcoming lets as sensitive and ensure that lettings for these properties are appropriate.

HSM (Lettings & FIO)

13

When considering housing applications from families or households with multiple occupants, consideration should be given to the suitability of allocating properties above ground floor, where previous reports of noise nuisance (whether upheld or not) have been made and whether any mitigations can be made to the home.

 

·       Our allocation policy stipulates that we will not let properties including and above the first floor to applicants with children under the age of 10.

·       Applicants with a history of proven noise nuisance within the last 5 years are not considered within our allocations policy.

·       Choice based lettings does not allow for refusal of customers due to un-upheld noise nuisance reports.

HSM (Lettings & FIO)

14

New tenancy agreements for flats above ground floor should include clauses that hard flooring is not permitted.

 

·       Westward have considered this recommendation and have agreed that due to the challenges with enforcing this clause, we will not be adding this to our tenancy agreements. We will instead include this as guidance and advice for customers.

·       Westward will continue to tackle reports of noise relating to flooring alongside our usual noise nuisance procedures.

HSM (Lettings & FIO)

 

Multi-agency relationships

15

Landlords will often need to work with other agencies, including the police and environmental health, when responding to noise reports, however the strength of those relationships are inconsistent. Landlords should consider the service level agreements they have in place with different bodies and their effectiveness, and whether roles and responsibilities are clear.

 

·       Westward acknowledges the strength of partnership working with different agencies can be inconsistent and constantly work to make these more consistent

·   Westward work closely with several partners in a number of localities including the police, local authorities and other small local organisations when responding no noise nuisance reports.

·       The organisation also understands the importance of developing these relationships further to improve the service it can offer customers.

·     Westward are looking to join South West information sharing in October 2024 alongside other landlords to improve the mechanism for sharing information with relevant organisations.

HSM Tenancy (East) & Governance Manager

 

Data, record keeping and information sharing

16

Local Authorities should ensure that information shared relating to an applicant’s suitability for a vacant home is substantial enough to support any requirements relating to sensitive lettings. Sharing information with housing associations to inform allocations is a lawful basis for processing data. If it is not possible to provide direct access to a housing register to facilitate this, an appropriate download of relevant data should be provided to housing associations.

 

·       Within the choice based letting sites (Devon & Cornwall Home Choice) details are given on each applicant which relate to the suitability of the property.

HSM (Lettings & FIO)

17

Databases should align noise reports to both the person the report has been made against and the address the report has been made against. Where the investigation of the report concludes that it is the nature of the address, rather than the person occupying it, that is the reason the noise is occurring, this should be captured on the databases to ensure that the noise report is aligned to the causation.

 

·       Staff at Westward are encouraged to ensure that notes within the Open Housing system are thorough and capture the full details of conversations and conclusions that come from reports of noise nuisance.

·       Notes logged within Open Housing are logged against both the customer and the property that the customer is currently residing in.

HSM Tenancy (East)

18

Landlords should consider their current approach to retaining the evidence of noise that a resident submits and satisfy themselves it is sufficiently accurate and robust to ensure that they cannot lose the evidence provided. Due regard should be given to the requirements of GDPR for the retention and processing of data.

 

·       Westward subscribes to the Noise App where residents can report noise nuisance.

·       The Noise app holds recordings in a cloud based system and numerous other housing associations use the system.

·       Since the previous report, Westward has completed a data protection impact assessment regarding the Noise App and are comfortable that the system meets our needs in relation to GDPR.

·       A new version of the Noise App was rolled out in January 2024 and this has  allowed closer control of the retention of recordings stored within the app.

·       Where recordings are provided to Westward outside of the Noise App, Westward save these within Sharepoint and retention periods are held within Westwards policies.

HSM Tenancy (East)

 

Respect

19

Landlords should ensure the tone of communication does not result in perceptions of bias against, or being dismissive of, the resident reporting noise.

 

·       Westward has a communication strategy which details how we should communicate with customers and ensuring that this is respectful.

·       Westward values ensure that staff behave in a way that is respectful to our customers.

·       We have a webpage detailing how customers should approach noise and how we as a landlord can assist them: Noise | Westward (westwardhousing.org.uk)

HSM Tenancy (East) & Communications Manager

20

Landlords should begin preparing for the Access to Information Scheme and communicate this to staff in emphasising the need for professional courtesy and respect for residents in internal and external communication.

 

·       Westward actively provide information to our customers in relation to how we are performing as a landlord and this was recently reviewed with customers to check their priority KPIs are displayed.

·       We’ve recently completed customer service training for all internal & external facing staff.

HSM Tenancy (East) & Communications Manager

 

Starting the Tenancy

21

Landlords should provide information leaflets on ‘how to be a good neighbour’ as standard with the new tenancy induction pack, especially on estates where there have been ASB issues previously or where sensitive lettings policies are in place.

 

·       Westward has a designated webpage relating to noise here:  Noise | Westward (westwardhousing.org.uk)

·       As part of the sign up process, Housing Officers discuss the responsibilities of the customer at the first meeting with Westward.

·       Where a letting is sensitive, Westward ensure that incoming residents are informed before they move into the property.

 

HSM (Lettings & FIO), HSM Tenancy (East) & Communications Manager

 

Existing tenancies

22

For existing tenancy agreements where hard flooring is only permitted with permission and/or with conditions (such as appropriate underlay or that permission will be rescinded if a noise report is made), if a noise report is made, those clauses should be inspected against and enforced.

 

·       Currently Westward tenancies do not include a clause that stipulates that hard flooring is not allowed.

·       Westward have considered this recommendation and have agreed that due to the challenges with enforcing this clause, we will not be adding this to our tenancy agreements.

·       Westward will continue to tackle reports of noise relating to flooring alongside our usual noise nuisance procedures.

HSM Tenancy (East)

23

For existing tenancies where carpets were removed and/or hard flooring is present, the landlord should signpost residents where appropriate to funding for carpets and rugs.

 

·       Financial Inclusion Officers work with customers prior to sign up to ensure that funding is available for carpets and rugs through Westwards Household Support fund and other arears if needed.

·       Westwards scrutiny group reviewed our previous void standard and provided feedback that assisted the changes made within the new standard.

Customer Insight & Engagement Manager & Communications Manager

 

Handling a Noise Report

24

Landlords should assure themselves that it is clear to residents when and how to report noise nuisance to them, with a full range of accessible and inclusive options available for residents to report noise.

 

·       The Westward website gives customers information on how to report issues of noise and options that they can take.

·       The Noise App is also available to Westward customers and is used frequently by customers.

HSM Tenancy (East)

25

Residents must be clearly told if their noise report is being handled within the good neighbourhood management policy or is considered to be ASB.

 

·  As Noise at Westward is initially considered within the ASB policy - ASB module sets clear steps for notifying customers how their noise complaint will be dealt with if it is persistent and ongoing.

HSM Tenancy (East)

26

If landlords are aware there is going to be a delay in addressing a noise report and the timescales provided to the resident will not be met, explain this at the earliest available opportunity and provide revised timescales.

 

·       Westward have a standard 10 day turnaround for incoming contact and this is monitored case by case by the Housing Services Manager in respect of reports of noise nuisance.

·       The ASB module ensures customers are contacted frequently to ensure that they are updated with the progress on the management of their issue.

HSM Tenancy (East)

27

If a policy stipulates that certain options must be considered when responding to a noise report, it is essential for the landlord to demonstrate consideration of that option and this must be documented, even if the decision is not to use that option to enable the landlord to answer any subsequent complaint. The decision should be clearly communicated to the complainant including the reasons why.

 

·       Where a proportionality assessment takes place, Westward will note why a decision has been made.

·       The ASB module ensures that Housing Officers are prompted to provide updates to customers around the decisions that they have made and explain why they have made these decisions.

HSM Tenancy (East)

28

Noise recordings submitted by residents should always be listened to by the case handler to ensure robust investigations that are informed by a true understanding of the noise being reported.

 

·       Recordings through the Noise App are listened to by each individual noise recording and Housing Service Managers have admin rights within the system to ensure that recordings are being monitored efficiently.

·       Recordings outside of the Noise App are logged as communications within Westward’s systems and are responded to within our internal procedures.

HSM Tenancy (East)

29

Landlords should review the current provision of staff training, supervision, guidance and support and whether this is conducive to ensuring high standard of customer care. Particular consideration should be given to how confident and equipped staff feel in having difficult conversations, including managing expectations and delivering unwelcome news.

 

·       Regular training is provided to new staff on noise nuisance and ASB.

·       IHasco is used to provide e-learning to staff around subjects such as having difficult conversations with customers. 

·       Managers complete regular 1-1s with staff where they are able to highlight issues with training or additional help they may require to become confident with dealing with noise nuisance or ASB cases.

·       The ASB module also enables us to take samples of ASB cases and review these with staff members to ensure they are being monitored in accordance with our policies.

HSM Tenancy (East)

30

Line managers should be aware of an individual’s caseload and the significant decisions taken in those cases and, wherever possible, handover meetings should be conducted where the ownership of a noise report is transferred.

 

·       Housing Services Managers have an overview of a Housing Officers caseload and regularly meet with staff through 1-1s to discuss these.

·       The Housing Service Manager also has admin rights within the Noise App and can see each individual case that a Housing Officer is working on.

·       The ASB module gives managers a more detailed breakdown of each case that a Housing Officer is dealing with.

HSM Tenancy (East)

31

Landlords should ensure that information is provided as standard to residents who make noise reports about their right to make a complaint if they are dissatisfied with the landlord’s proposal for handling the situation or the actions taken by the landlord to address the situation.

 

·       Westward actively advertises the customer’s right to make a complaint in all situations and information is frequently provided to the Hub advisors of where to spot cases that should be logged as a complaint or dealt with outside of our complaint process.

·       Where ASB cases are closed, customers are able to request a review of the decisions that have been made.

HSM Tenancy (East)

32

The member of staff who has been handling the noise report that is being complained about should never be allocated the complaint to investigate.

 

·       Complaints regarding an individual are never dealt with by that same individual.

·       Westwards complaints policy provides guidance on the most appropriate individual to manage a complaint when it is received.

HSM Tenancy (East)

 

APPENDIX B: REVIEW OF Actions from Noise Nuisance Assurance Table

 

 

1.      Current void standard was introduced in September 2023 (Completed)  

 

2.      Westward are seeking to implement a New Neighbourhood Management policy by 30th September 2024 this is due to be ratified at September’s executive team meeting (Housing Services Managers Tenancy Management)

 

3.      ASB policy was introduced in September 2023 and took into account the recommendations in the noise nuisance report (Completed)

 

4.      We have considered the recommendation to include a clause in our tenancy agreements relating to hard floors within first floor flats and above. It has been agreed that due to the challenges with enforcing this clause, we will not be adding this to our tenancy agreements. Westward will continue to tackle reports of noise relating to flooring alongside our usual noise nuisance procedures. (Completed)

 

5.      We have considered the current service level agreements and are now looking to join the South West information sharing group in October 2024 alongside other landlords across the region. (Governance Manager)

 

6.      We have  produced a DPIA in relation to the Noise App and a new version of the Noise App was introduced January 2024. This has allowed for greater control of retention of recordings stored within the App, Multi Factor Authentication enabled and previous recordings outside the retention period deleted (Completed)