View report page

21
The public have one of two remedies for the abatement of noise nuisance : as private persons they may
apply to the court for an injunction to abate the noise; this, however, may be an expensive procedure, and
they usually adopt the alternative of asking the local authority to take action under the Middlesex County
Council Act of 1944. Section 313 of this Act gives the local authority power to deal with noise as a statutory
nuisance, except in the case of a railway company, the Transport Board or any statutory undertaking. To
constitute a nuisance, the noise must be excessive or unreasonable, and must be injurious or dangerous to
health. It has not been easy to determine in any particular case whether a noise was injurious or dangerous to
health, but guiding principles have been if the noise has unduly disturbed sleep or caused a marked amount of
vibration in the living rooms. Difficulties have arisen where the person complaining has been of a nervous
temperament and therefore more susceptible to noise, but fortunately there have been other factors in these
cases which helped to make the final decision.
The decision that the noise is a nuisance, is only the first step in the proceedings, since the person
charged has a good defence if he can show that he has taken the best practicable means to prevent or mitigate
the nuisance, taking into consideration the cost and other relevant factors. To determine whether the best
practicable means have been taken, requires an expert knowledge of machinery, of the production of noise
and vibration, and of the means required to mitigate them. The Council called in a recognised consultant to
one of the factories, and he prepared a scheme which included alterations to the factory building and removal
of heavy noisy machinery away from the adjoining houses. The management decided to remove this
machinery to another factory outside the borough. The introduction of double sash windows lessened the
noise in another factory, but not sufficient to stop the complaints of nearby residents.
Factory premises in closely built up residential areas are unsatisfactory, and control of such development
is now provided under the Town and Country Planning Act.
SECTION 47, NATIONAL ASSISTANCE ACT, 1948.
Details of Cases Dealt With During the Year 1950.
1. Mrs. J. W. (aged 82 years).
Mrs. W. occupied two rooms which were in a very insanitary condition. She was continually falling
about and was suffering from hallucinations. At the time she was interviewed, she had a broken wrist due
to a fall. She was not incontinent, but often fouled the carpet, the bed, or her clothes. Her food was
provided by neighbours.
A court order was obtained on the 20th April, 1950, for her removal to Redhill House for a period of
three months, and she was admitted on the 5th May, 1950. She became bed-ridden in August, 1950, and
died in January, 1951.
2. Mrs. L. M. F. W. (aged 75 years).
Mrs. W. was living with her husband and was always in an extremely filthy condition, since she had
severe incontinence; there were pools of urine in the hall and in the room used by Mrs. W. as a bedroom.
The house was in a filthy condition, Mrs. W. was not fully clothed, and a bottle of milk was the only food
seen in the house.
A court order was obtained on the 1st June, 1950, for her admission to Redhill House for a period of
three months and she was admitted on the 3rd June, 1950, and died on the 15th June, 1950.
3. Mrs. V. (aged 87 years).
Mrs. Y. occupied a room which was in a very dirty insanitary condition. The only food supply was
two portions of bread, half bottle of milk, a small portion of butter and a piece of dried up fried fish. She
had no heating at all, despite the extremely cold weather. She was entirely dependent upon neighbours for
assistance, and upon a home help who came two or three times a week.
A court order was obtained on the 18th December, 1950, for her admission within 28 days to Redhill
House for a period of three months. She was admitted to the Central Middlesex Hospital on the 27th
December, 1950, under section 20 of the Lunacy Act, and died in Shenley Hospital on the 13th January,
1951.
4. Mrs. S. (aged 84 years).
Mrs. S. occupied a room which was kept reasonably clean, but had no heating. Her food supply was
a little margarine, sugar and milk. She was infirm, suffering from paralysis agitans and partial loss of sight,
but she was able to walk about.
A court order was obtained on the 11th December, 1950, for her admission to the Central Middlesex
Hospital for a period of three months, and she was admitted on the 12th December, 1950, and died in
Shenley Hospital on 6th January, 1951.
The four old people who had to be dealt with under section 47 of the National Assistance Act, 1948,
reveal the very bad living conditions of some old people. It is still very difficult to find enough hostel
accommodation for the old people who are either alone and cannot manage or are so feeble as to be a very
heavy burden on relatives. The hospital bed accommodation improved during the year and there was little
difficulty in obtaining admission for old people who required hospital treatment.
Much preventive work can be carried out by voluntary organisations in establishing clubs for old
people, in frequent visiting of old people in their homes, in helping them with their shopping and, above
all, in removing the feeling that they are no longer wanted.
It is also essential to build more homes and hostels for old people and thus help them to retain
their physical and mental powers to the end. Most old people can look after themselves or can be cared
for by relatives. Preventive work, though costly, can avoid a big expenditure on treating old people in
hospital. Local authority services for old people in the home, even including services like chiropody, need
not cost more than £2 10s. Od. to £3 0s. 0d. per week, whereas hospital treatment costs about £10 per week.