Tag Archives: discipline

News

Students and noise nuisance – what are the consequences?

A worrying increase in the reports of noise nuisance from students
BBC News for Nottingham has today reports of ‘atrocious parties’ held by university students which have caused record numbers of complaints from local residents about noise nuisance. You can read the story here.

There is always likely to be issue arising when an area has a high number of students living in private rented accommodation within a residential area.

Very few students deliberately set out to annoy their neighbours. Problems with noise nuisance seem likely to result from a combination of alcohol and a genuine lack of thought.

Complaints to the police and the council are on the rise. If you are a student and live in a residential area then you are always likely to be at risk of a complaint if you or your household make excessive noise after 11pm.

What are the consequences of a complaint against you for excessive noise?

The position may depend on whether or not you are in a university owned accommodation or not.

student halls of residence noise nuisanceMost universities publish codes of conduct that students must sign up to when enrolling. Whilst every university code will differ in some way they tend to follow the same format. There is likely to be a provision permitting a student to be disciplined for excessive noise in university owned accommodation.

The discipline procedure for excessive noise nuisance is likely to involve a report to a designated university officer. The officer will have the power to issue you with a reprimand or a fine.

Repeated and persistent breaches or other serious offences can result in you being removed from your university accommodation. You could also be reported to the university senate disciplinary committee. This would lead to a disciplinary hearing. A wide range of penalties are available for serious, persistent offences. Ultimately this can include exclusion from the university.

Private student accommodation

student private rented noise nuisanceEven if you live off campus in private student accommodation then you could still find yourself at the sharp end of the university disciplinary regulations. Many universities stipulate within their code of conduct that behaviour off campus that damages the reputation of the university is considered an offence under the disciplinary regulations.

For example, the University of Nottingham is quoted in the BBC news article as saying that students would be disciplined if their behaviour ‘compromised the safety of others’.

Statutory Nuisance

Additionally, it is not only the university that can instigate proceedings against a student for excessive noise. Local Councils have the power to look into complaints about noise that could be categorised as a statutory noise nuisance.

For the noise to be a ‘statutory nuisance’, it must do one of the following:

  • Unreasonably and substantially interfere with the use or enjoyment of a home or other premises
  • Injure health or be likely to injure health

Councils must serve an abatement noise on persons who cause a statutory nuisance. This means that whoever is responsible must stop the noise. If they do not then they can be issued with a fixed penalty notice giving them the opportunity to pay a fine of £110 within 14 days in order to avoid prosecution.

If you do not pay the notice or fail to pay it within the 14 days then you can be prosecuted. This means that you will be given a court date, and if guilty you could be fined up to £1000 and order to pay the costs of the prosecution.

Civil Injunctions for noise nuisance

Both a council and the police have the power to apply for a civil injunction in the county court against those that create excessive noise that is capable of causing nuisance or annoyance. Breach of the injunction can lead to a prison sentence.

Contact a specialist to discuss any aspect of noise nuisance

student noise nuisance university discipline
Education law specialist Clare Roberts

If you are a student and you have a concern about a complaint raised against you then please contact education law solicitor Clare Roberts on 0115 9599550.

Clare, and other members of our team, have experience in advising and representing students who face both university disciplinary matters or allegations that have been reported to the police.

You can read about our full range of services for students in higher education here.

Alternatively you can use the contact form below to seek confidential specialist advice.

Uncategorized

Students and Noise Nuisance – What are the penalties?

A worrying increase in the reports of noise nuisance from students

Local news often reports unfavourably on parties held by university students which often cause a number of complaints from local residents about noise nuisance. You can read one such story here.

The latest warning from the Nottingham City Council can be found here.

There is always likely to be issue arising when an area has a high number of students living in private rented accommodation within a residential area.

Very few students deliberately set out to annoy their neighbours. Problems with noise nuisance seem likely to result from a combination of alcohol and a genuine lack of thought.

Complaints to the police and the council are on the rise. If you are a student and live in a residential area then you are always likely to be at risk of a complaint if you or your household make excessive noise after 11pm.

What are the consequences of a complaint against you for excessive noise?

The  position may depend on whether or not you are in a university owned accommodation or not.

student halls of residence noise nuisanceMost universities publish codes of conduct that students must sign up to when enrolling. Whilst every university code will differ in some way they tend to follow the same format.  There is likely to be a provision permitting a student to be disciplined for excessive noise in university owned accommodation.

The discipline procedure for excessive noise nuisance is likely to involve a report to a designated university officer.  The officer will have the power to issue you with a reprimand or a fine.

Repeated and persistent breaches or other serious offences can result in you being removed from your university accommodation.  You could also be reported to the university senate disciplinary committee.  This would lead to a disciplinary hearing.   A wide range of penalties are available for serious, persistent offences.  Ultimately this can include exclusion from the university.

Private student accommodation

student private rented noise nuisanceEven if you live off campus in private student accommodation then you could still find yourself at the sharp end of the university disciplinary regulations. Many universities stipulate within their code of conduct that behaviour off campus that damages the reputation of the university is considered an offence under the disciplinary regulations.

For example, the University of Nottingham is quoted in the BBC news article as saying that students would be disciplined if their behaviour ‘compromised the safety of others’.

Statutory Nuisance

Additionally, it is not only the university that can instigate proceedings against a student for excessive noise.  Local Councils have the power to look into complaints about noise that could be categorised as a statutory noise nuisance.

For the noise to be a ‘statutory nuisance’, it must do one of the following:

  • Unreasonably and substantially interfere with the use or enjoyment of a home or other premises
  • Injure health or be likely to injure health

Councils must serve an abatement noise on persons who cause a statutory nuisance. This means that whoever is responsible must stop the noise. If they do not then they can be issued with a fixed penalty notice giving them the opportunity to pay a fine of £110 within 14 days in order to avoid prosecution.

If you do not pay the notice or fail to pay it within the 14 days then you can be prosecuted. This means that you will be given a court date, and if guilty you could be fined up to £1000 and order to pay the costs of the prosecution.

Civil Injunctions for noise nuisance

Both a council and the police have the power to apply for a civil injunction in the county court against those that create excessive noise that is capable of causing nuisance or annoyance. Breach of the injunction can lead to a prison sentence.

Contact a specialist to discuss any aspect of noise nuisance

student accomodation noise nuisance
Education law specialist Clare Roberts

If you are a student and you have a concern about a complaint raised against you then please contact education law solicitor Clare Roberts on 0115 9599550.

Clare, and other members of our team, have experience in advising and representing students who face both university disciplinary matters or allegations that have been reported to the police.

Alternatively you can use the contact form below to seek confidential specialist advice.

News

A Freshers Guide to Staying Out of Trouble…

…With the Police

Every graduate remembers Freshers week well! It is your first real taste of total freedom from your parents. You have money, friends to make and a desire to prove your drinking prowess in the form of a freshers week arrest legal advicevariety of crazy drinking games just to get accepted into the rugby, rowing or hockey club.

Ten pints in and it is suddenly fun to lie in the road, rugby tackle a few passers-by for a laugh or run naked down the street.

The problem is that whilst you are out, carelessly stumbling around, CCTV cameras in city centres are watching your every move.

Arrested during Freshers Week?

Sadly, year after year, we represent students arrested, especially during Freshers week, for offences such as assault, criminal damage or causing harassment, alarm or distress in a public place, as well as possession of an illegal drug.

freshers week police arrestIt is unlikely that most first offences will result in a prison sentence. The consequences, however, of the conviction on your future career may be great. It may even affect your ability to continue with your degree where the university instigate disciplinary proceedings.

This will be more likely when you are studying a vocational degree where as part of your learning, you have contact with the public. We have represented students studying medicine or nursing degrees, where their criminal conviction has brought them before the Fitness to Practice Panel of their regulatory body.

Free and independent legal advice

If you are unfortunate enough to get arrested during your degree, remember that everyone, regardless of their financial means, is freshers week student legal adviceentitled to free legal representation at the police station. The cost of this advice will be paid for by legal aid. This service can be accessed 7 days a week, 24 hours a day.

If you are under investigation for a criminal offence or recently convicted AND your university is looking to bring proceedings against you, it is always worth contacting a solicitor to know and understand your rights and how best to proceed.

Contact a criminal law specialist

A specialist lawyer can be contacted through any of our office numbers at any time of the day or night to provide you with free and independent legal advice at the police station.

People being spoken to by the police for the first time might not think that they need a lawyer.  Speaking without one would be a mistake.

Here are 10 good reasons why you will want to take advantage of our advice.
 Details of your nearest office can be found here.
freshers
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below.

Contact