Strategy for dealing with a noisy dog

There has recently been reports of a dog continuously barking through the night in the Main Street, School Lane area of Evington Village. This can be distressing simply because of the sound; it might keep you and your family awake and it might concern you that the dog is not being properly looked after. So, what can you do about it?

Such disruptive and intrusive dog barking could be a statutory nuisance under the Environmental Protection Act 1990. But prior to reporting it to the authorities you probably need to consider ways of dealing with it or gathering evidence. Below is a strategy that could be followed.

Before making a formal complaint, keep a barking diary for at least 1–2 weeks. Record the Date, time barking starts and stops, how long it lasts, whether it is continuous or intermittent, how it affects you (e.g. waking you, preventing sleep.) and any other relevant circumstances.

If possible, make short recordings from inside your property. But do not trespass or deliberately enter the neighbour’s property to record.

Sometimes the owner genuinely doesn’t realise the dog is barking when they’re asleep or away. A polite approach might be to say to them:

“I wanted to mention that your dog has been barking quite a lot during the night. It’s been happening repeatedly and is keeping us awake. I thought you might not be aware of it.”

This gives them an opportunity to deal with it without escalating the matter.

However, if this does not work and the noise continues, contact the council as persistent dog barking can potentially constitute a statutory nuisance under the Environmental Protection Act 1990. The relevant council can investigate whether the barking amounts to a statutory nuisance. They may ask you to provide your diary and recordings and may monitor the situation themselves.

There may also be an animal-welfare issue. If the dog is barking all night because it is being left outside, isolated, distressed or otherwise inadequately cared for, that’s a somewhat different issue. You can potentially report concerns about the dog’s welfare to the appropriate animal-welfare authority rather than treating it solely as a noise complaint.

Whatever you do, don’t retaliate. It is strongly advised not to shout at the dog, not to throw objects at it, not to use ultrasonic devices aimed at the neighbour’s property, deliberately make noise to stop the dog or enter the neighbour’s garden. Such actions can escalate the dispute and potentially create problems for the person affected.

If you reach the point where you have followed this strategy without success, then your next step is to report it.

Leicester City Council specifically identifies dog barking as a potential statutory noise nuisance. Importantly, there is no rule saying that noise only becomes a nuisance after a particular hour, the council says it can constitute a nuisance at any time if it is regular and affects your quality of life.

The council’s Noise Team specifically deals with barking dogs. Their contact details are:

Noise Team: 0116 454 1001

Email: noiseteam@leicester.gov.uk

The council says that after a complaint it will normally contact you within 5 working days, ask you to keep a noise diary, visit while the noise is occurring or potentially install a noise recorder if it is intermittent and try to resolve the matter informally if it considers the noise a statutory nuisance.

If the problem continues, the council can take formal action, including serving a legal abatement notice and potentially prosecution. If the dog is being left outside all night, particularly if this happens every night and the barking appears to be caused by distress, isolation or poor care, that should be included in your complaint.

Leicester City Council also has a separate dog control/welfare service, and it specifically accepts reports concerning noisy dogs.

If this isn’t a one-off but has been happening night after night, you can make a formal written complaint rather than simply telephoning the council. That creates a clear record of when you first reported the problem.

Sources:

• https://www.gov.uk/guidance/noise-nuisances-how-councils-deal-with-complaints
• https://www.rspca.org.uk/adviceandwelfare/pets/dogs/behaviour/barking
• https://www.leicester.gov.uk/planning-environment-and-building-control/pollution-and-pests-leicester/report-noise-problem