In the past, most nuisance actions were civil cases taken by individuals or groups. The Environmental Protection Act 1990 now means that local authorities can take action where they believe that a nuisance exists, or is likely to in the future.

Sometimes approaching the local council can be the best way to resolve matters if a direct approach to the person causing the problem has failed. They will generally ask for some evidence to be provided and then conduct an investigation, which does not cost anything to the person making the complaint. If they are satisfied that there is a 'statutory nuisance', then they can take action. This action normally takes the form of an 'abatement notice', which is a legal document specifying what must be done to stop the problem or prevent it from occurring.

Alternatively, private individuals can make a complaint to the magistrates court and ask them to deal with the problem.

Making a complaint to the magistrates is not as simple as just telephoning and telling them of a problem - there is a formal procedure to go through and evidence must be collated to demonstrate that the problem exists. This can take the form of photographs, measurements or witness statements as appropriate. It is also possible for individuals, businesses or groups to take a civil action, but the procedure can be similarly difficult if you have no experience of this. We would suggest that anyone thinking of taking action or finding themselves being proceeded against should take legal advice as soon as possible.

If the court is satisfied that there is a problem that warrants action, they will make an order as appropriate. If the order is not complied with, then the matter will go back to court with the danger that the person who has not complied could be found in contempt of court, which is a very serious matter.