How councils investigate dog barking complaints

If your neighbour's dog is barking excessively and you have been unable to resolve the problem informally, you may decide to make a complaint to your local council.

But what actually happens after you make a complaint?

The investigation process can vary between councils, but there are some common stages. Understanding what may happen can make the process much less confusing and can also help you provide useful information to the council.

Will the council investigate a barking dog complaint?

In England, barking dogs can be considered as a potential noise nuisance. Councils have a duty to investigate complaints about noise that could amount to a statutory nuisance under the Environmental Protection Act 1990.

This does not mean that every complaint about a barking dog will result in enforcement action.

The council has to consider the circumstances and decide whether the barking is sufficiently serious to meet the relevant legal test.

For a noise nuisance to constitute a statutory nuisance, it generally needs to unreasonably and substantially interfere with the use or enjoyment of a home or other premises, or injure or be likely to injure health.

Step 1: Making the complaint

The first step is normally to report the problem to your local council's environmental health, noise nuisance or antisocial behaviour service.

GOV.UK provides an online service for finding the appropriate council in England and Wales when reporting a noise nuisance, including barking dogs.

You will normally be asked to provide information such as:

  • the address where the barking is coming from
  • when the barking normally occurs
  • how frequently it happens
  • how long individual episodes last
  • how the barking affects you
  • whether you have spoken to the dog owner
  • whether you have tried mediation
  • whether you have kept a noise diary
  • whether you have recordings or other evidence

The more clearly you can describe the problem, the easier it is for the council to understand what is happening.

Step 2: The council may ask you to keep a noise diary

One of the most common ways of establishing a pattern of barking is to ask the person making the complaint to keep a diary.

You may be asked to record:

  • the date
  • the time the barking starts
  • the time it stops
  • the approximate duration
  • whether the barking is continuous or intermittent
  • what appears to trigger it
  • how the barking affects you

A diary can be particularly useful when the barking happens at unpredictable times or when the council is not able to observe the problem directly.

For example:

Wednesday – 6:42am to 7:05am: Dog barked intermittently and then continuously for several minutes. This woke me and prevented me from returning to sleep.

Wednesday – 12:15pm to 12:31pm: Dog barked repeatedly while I was working from home. Barking stopped when a person appeared to return to the property.

Specific observations like these are generally more useful than simply describing the dog as "very noisy".

Step 3: The council may contact the dog owner

If the council believes there may be a problem, it may contact the owner of the dog.

This can sometimes resolve the problem without the need for formal enforcement.

The dog owner may not realise that the barking is causing a disturbance, particularly if the dog barks when nobody is at home.

The council may explain the complaint and encourage the owner to take steps to reduce the barking.

Some councils specifically use an informal or engagement-based approach before considering formal enforcement.

Step 4: The council may collect further evidence

If the barking continues, the council may need to gather more evidence.

The exact procedure varies between councils.

Possible methods can include:

  • reviewing your noise diary
  • asking you to provide recordings
  • speaking to you about the incidents
  • speaking to the dog owner
  • speaking to other witnesses
  • carrying out an officer visit
  • monitoring the noise
  • installing noise recording equipment

For example, Cambridge City Council says it may ask complainants to keep a diary and submit recordings, and that further investigation may involve pre-arranged noise assessment visits or the installation of noise recording equipment.

Does the council need to hear the barking themselves?

Not necessarily.

A council may be able to make a decision using a combination of evidence rather than relying solely on an officer personally hearing the dog.

However, the precise investigation procedure depends on the council and the circumstances of the complaint.

Some councils may use recording equipment or ask the complainant to provide recordings. Others may use officer visits or other evidence-gathering methods.

The important point is that the council needs sufficient information to assess whether the legal test for statutory nuisance has been met.

What factors will the council consider?

There is no simple rule such as "a dog barking for more than X minutes is automatically a nuisance".

The circumstances of the noise are important.

The council may consider factors such as:

  • how often the dog barks
  • how long the barking lasts
  • the time of day
  • the character of the barking
  • how loud or intrusive it is
  • how the noise affects the use and enjoyment of your property
  • the character of the neighbourhood
  • whether the problem is persistent
  • whether there are reasonable steps that could reduce the nuisance

Importantly, noise nuisance is not simply a question of how many decibels are produced. For example, Cambridge City Council explains that its assessment considers what would be unreasonable to the average person rather than relying solely on a particular volume measurement.

What about barking at night?

Night-time barking can be particularly disruptive because it can interfere with sleep.

It is important to understand, however, that there is not a simple rule saying that all barking after a particular time is automatically a statutory nuisance.

Statutory nuisance can potentially occur at any time of day or night. Councils can investigate noise complaints regardless of when the noise occurs.

Night-time noise can nevertheless be particularly significant because of its potential effect on people's ability to sleep.

Will the council measure the barking in decibels?

Not necessarily.

People sometimes assume that a council will arrive with a sound meter and simply measure how loud the dog is.

In reality, a statutory nuisance investigation can involve considerably more than a single noise measurement.

The duration, frequency, timing and nature of the noise and its effect on the use and enjoyment of the property can all be relevant.

Some councils may use specialist noise monitoring equipment where appropriate, particularly when the problem occurs at particular times or when it is difficult for an officer to observe directly.

What if the council decides there is no statutory nuisance?

Not every barking complaint will result in formal action.

The council may decide that the evidence does not demonstrate a statutory nuisance.

This does not necessarily mean that the barking never happened. It means that, based on the evidence available, the council has not established that the legal threshold for formal action has been met.

In some circumstances, the council may continue to monitor the situation or advise you to keep further records.

What happens if the council decides there is a statutory nuisance?

If the council is satisfied that a statutory nuisance exists, it must normally serve an abatement notice.

An abatement notice requires the person responsible to stop or restrict the nuisance. Depending on the circumstances, it may specify steps that need to be taken or restrictions designed to prevent the nuisance from continuing.

For a barking dog, this does not necessarily mean that the dog must never bark again.

The objective is to prevent the barking from continuing at a level that amounts to a statutory nuisance.

What happens if the dog owner ignores an abatement notice?

Ignoring an abatement notice can result in further legal action.

In England, a person who fails to comply with an abatement notice can be prosecuted and fined. GOV.UK states that further fines can also be imposed for continuing failures to comply.

GOV.UK's neighbour dispute guidance states that someone who breaches a noise abatement order relating to noise from their home can be fined up to £5,000.

The precise consequences depend on the circumstances and the action taken by the council.

Can the council take the dog away?

A noise nuisance investigation is not normally about removing the dog.

The focus of a statutory noise nuisance investigation is the noise and whether it amounts to a legal nuisance.

Other laws and powers can apply where a dog presents different problems, such as dangerous behaviour, but that is separate from an ordinary barking complaint.

Will the council tell my neighbour who complained?

The way complainant information is handled can vary between councils and between different stages of an investigation.

Some councils may keep complainants' details confidential during the investigation, but confidentiality cannot necessarily be guaranteed if formal legal proceedings eventually take place.

For example, Cambridge City Council states that complainants' details are kept confidential during its investigation but may need to be disclosed if a case goes to court, and the complainant may be required to provide a formal statement or attend court as a witness.

If confidentiality is important to you, ask your council how your information will be handled before making a formal complaint.

What if several neighbours are affected?

If several people are independently experiencing the same barking problem, their evidence may help demonstrate that the problem is not limited to one person's perception.

Each person should keep their own factual records rather than submitting identical or coordinated accounts.

Independent observations are generally more useful than a collection of statements that simply repeat the same wording.

How long does an investigation take?

There is no single timescale that applies to every barking complaint.

Some cases may be resolved quickly after the dog owner becomes aware of the problem. Others can take considerably longer if the barking is intermittent, happens mainly at night or requires monitoring equipment.

The council may need to collect enough evidence to make a defensible decision before taking formal enforcement action.

This can be frustrating for complainants, particularly when they are experiencing the barking regularly, but investigation procedures are intended to make sure that enforcement action is based on sufficient evidence.

Can I make a complaint if I have not spoken to my neighbour?

You can contact your council for advice, but many councils encourage residents to try resolving the problem informally first where it is safe and appropriate.

GOV.UK recommends trying to resolve neighbour noise problems by talking to the neighbour or using mediation before contacting the council.

There can be a very simple explanation for the barking. Your neighbour may not know that their dog barks when they are away from home, for example.

A polite conversation can sometimes solve the problem without a formal complaint.

What should you do while the council is investigating?

Continue keeping an accurate record of the barking.

Do not deliberately provoke the dog, trespass onto the neighbour's property or attempt to create additional evidence.

Instead, continue recording what naturally happens.

If the council has provided you with a specific diary or recording procedure, follow that procedure carefully.

If the barking changes, becomes more frequent or stops altogether, record that too. A complete record should include both the periods when the problem occurs and any significant changes in the pattern.

What if the council refuses to take action?

If the council decides that the evidence does not establish a statutory nuisance, you can ask them to explain their decision and the evidence or assessment on which it was based.

You may also wish to continue documenting the problem if it persists.

In England, an individual affected by a noise nuisance can also have the option of taking action directly through the Magistrates' Court under section 82 of the Environmental Protection Act 1990. This is a more formal route and requires you to demonstrate that the problem amounts to a statutory nuisance.

You should obtain independent legal advice before taking this step.

What about Scotland, Wales and Northern Ireland?

Noise regulation is not identical throughout the UK.

The GOV.UK service for reporting noise nuisance notes that there are different procedures for Scotland and Northern Ireland, while noise is a devolved matter.

If you live outside England, check the relevant procedure for your nation or contact your local authority for advice.

How to make your complaint as useful as possible

If you are considering reporting a barking dog, preparation can make the process considerably easier.

Before contacting your council, consider keeping:

  • a barking diary
  • dated recordings where appropriate
  • details of how the barking affects you
  • copies of correspondence with your neighbour
  • details of any attempts at mediation
  • information from independent witnesses

Try to keep everything factual and chronological.

Instead of simply saying:

"My neighbour's dog is constantly barking."

give the council information that allows them to understand the actual pattern:

"The dog barked continuously from approximately 11:20pm until 11:47pm on Monday, again from 12:15am until 12:32am, and then intermittently between 1:10am and 1:30am. The barking woke me on each occasion."

That gives the council something concrete to investigate.

Remember that the council is investigating the nuisance, not judging the dog

A barking dog is not necessarily an unhappy or badly behaved dog.

Dogs bark for many reasons, including excitement, fear, anxiety, territorial behaviour, boredom, separation-related problems and communication.

The purpose of a noise investigation is therefore not to decide whether the dog is "bad". It is to determine whether the noise being produced amounts to a nuisance under the relevant legislation.

Summary

  • You make a complaint.
  • The council assesses the information you provide.
  • You may be asked to keep a noise diary.
  • You may be asked to provide recordings or other evidence.
  • The council may contact the dog owner.
  • Further monitoring may take place if the problem continues.
  • The council decides whether the legal test for statutory nuisance has been met.
  • If it has, an abatement notice may be served.
  • Further enforcement can follow if the notice is breached.

The most useful thing you can do as a complainant is provide accurate, consistent and factual information. A well-kept barking diary combined with suitable recordings and a clear description of how the noise affects your household can make it much easier for the council to understand the problem.

Together, we can

STOP excessive dog barking in the UK

Helping communities understand, manage and prevent excessive dog barking across the UK.
Dog Noise UK is an animal-loving, dog-positive organisation that aims to educate dog owners about excessive illegal noise, by facilitating tools, methods and training that prevents dogs from barking to the annoyance of everyone around them.

 

We facilitate methods making it easy for the public to report issues to the local authorities, as well as keeping a centralised record of dog noise complaints that UK councils and the general public can easily get access to.