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neighbour disputes Audit and scrutiny investigation draft final March 23 report

Renfrewshire Council · 13 March 2023
Back to Audit, Risk and Scrutiny Board — 13 March 2023 and its agenda

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___________________________________________________________________
To: Audit Risk and Scrutiny Board
On: 13th March 2023
___________________________________________________________________
Report by: Lead Officer
___________________________________________________________________
Heading: Neighbour Disputes
___________________________________________________________________
1. Summary
1.1  This paper will attempt to set out the scope and scale of neighbour
disputes in Renfrewshire, the first aim of this investigation, set out in
the initial report to the Audit Risk and Scrutiny Board on 23rd January
2023. 
A number of sources of evidence and data have been drawn on to
help illustrate the extent of neighbour disputes in Renfrewshire, and,
where possible the different types of dispute. 
1.2  The paper also addresses the specific issue raised at the meeting of
the Audit Risk and Scrutiny Board on  23rd January 2023 regarding the
use of domestic CCTV and the responsibility for regulating and
enforcing the use of these systems in Scotland.  
_____________________________________________________________ 
2. Recommendations 
2.1 The Board is asked to:
• Note the content of the report

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• Agree to move to the next stage of the review, to consider the
current arrangements and approaches the Council and other
stakeholders have for responding to neighbour disputes.
_________________________________________________________
3. Background
3.1 One of the four stated aims of this investigation into neighbour disputes
was to identify, as clearly as possible the scale of the problem in
Renfrewshire.   This report  will attempt to clarify, for the Board, the
extent of neighbour disputes from the data sources that are available.     
3.2 It should be noted from the outset that there is no “single source of
truth” to fully illustrate the number and type of neighbour disputes in
Renfrewshire over time.   This investigation has identified data from a
number of sources which will give the Board an indication of the scale
of neighbour disputes in Renfrewshire.   The sources that the review
draws on are:
• Renfrewshire Citizen’s Advice Bureau
• Renfrewshire Council Community Safety team
• Renfrewshire Housing Services
• Police Scotland reporting
• Renfrewshire Council mediation service 
3.3 This report will also cover a specific issue raised at the previous
meeting of the Board on 23rd January 2023, specifically the installation
and use of domestic CCTV by individuals in Renfrewshire and the
responsibility for the oversight and enforcement of its use.  
4. Scale of Neighbour Disputes in Renfrewshire
4.1  The following section sets out data relating to neighbour disputes from
a number of sources, identified in section 3.2 of the report, above.   As
noted, there is no “single source of truth” in relation to the total number
of neighbour disputes in Renfrewshire.   The data presented here is
drawn from  public and voluntary sector services who have a
responsibility relating to neighbour disputes.   
4.2  It is also worth noting that current recording of neighbour disputes does
not provide any real detail as to the nature of those disputes.   For
example, the Police record and report on “neighbour disputes” but there
is no further information available as to the cause of the dispute, be it
over noise, anti-social behaviour and so on.

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Renfrewshire Citizen’s Advice Bureau
4.3  Renfrewshire Citizens Advice Bureau (CAB) is a local, independent
charity which provides free, impartial and confidential advice and
information about a range of issues and problems including debt,
money and benefits, work, family issues, consumer problems and
housing.  
4.4 The CAB records its work via two processes, the initial “contact sheet”,
when an individual makes first contact seeking advice from the CAB
and cases recorded onto the CASTLE system, where the CAB has
provided, advice, support, representation and so on.   
4.5  Neighbour disputes feature significantly in the workload of
Renfrewshire CAB.   Table 1, below, shows the data for the initial
contact sheets where neighbour disputes/ problems were mentioned.  
Renfrewshire refer to these as “neighbour issues”, which is the
terminology used in the tables below. 
Table 1: Renfrewshire CAB Neighbour issues Contact Sheet data
Year ending No. of neighbour issues
2022 169
2021 154
2020 104  
4.6 The data from the contact sheets shows a significant increase over the
three year period illustrated in Table 1, above.   The number of 
contacts involving neighbour issues increased from 104 in 2020 to 169
in 2022.   This is an increase of 38.5% over a three year period, with a
significant jump between 2020 and 2021.   Anecdotally, the view is that
the impact of Covid and the lockdowns played a significant role in this
sharp increase in the number of initial contacts.
4.7 Table 2 below illustrates the number of neighbour dispute cases where
Renfrewshire CAB provided advice, support or acted for the person
making the complaint.   
Table 2: Renfrewshire CAB Neighbour Disputes recorded on the
CASTLE case recording system
Year ending No. of Neighbour issues cases
2022 74
2021 98
2020 66
2019 54

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4.8 The data shows a significant increase over time in the number of
neighbour issue cases being dealt with by Renfrewshire CAB.   The
number of cases increased from 54 in 2019 to 74 in 2022, a 28%
increase in cases.  It should be noted that there was a “spike” in
neighbour issue cases to 98 in 2021, before falling to 74 cases in 2022. 
The most probable cause of this spike is, again, the impact of Covid
and lockdown, with many more people spending most of their time at
home. 
Renfrewshire Council Community Safety team
4.9 The Council’s community safety team sits within the Communities and
Housing Department.  It leads on the Council’s work on promoting
community safety and tackling anti-social behaviour, principally through
the Community Safety partnership and delivering the Anti-Social
Behaviour strategy 2022-25. 
4.10 The service records a range of anti-social behaviour complaints on the
Flare data management system, ranging from fly-tipping to underage
drinking, rowdy behaviour, abandoned vehicles and so on.  Further
details are contained in the Anti-Social Behaviour Strategy.   For the
purposes of this report, the reporting of domestic noise complaints is a
clear proxy for neighbour disputes as set out in table 3 below. 
Table 3: Domestic Noise Complaints
Year No. of Complaints
2021/2022 546
2020/2021 576
2019/2020 1058
2018/2019 1285 
4.11 The data contained in Table 3 shows a significant and sustained fall in
the number of complaints over the 4 years from 2018/19 to 2021/22. 
The number of domestic noise complaints fell from 1285 in 2018/19 to
546 in 2021/22.  This represents a reduction of 57.5% in the number of
domestic noise complaints over the 4 year period.   It should be noted
that this fall started prior to the onset of Covid and the associated
lockdowns from March 2020.  This meant that Council officers could not
attend noise complaints in person, which is likely to have reduced the
number of complaints over time.   There was a very substantial fall
between 2019/20 and 2020/21 from 1058 complaints to 576.

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Renfrewshire Council Housing Services 
4.12  The Council’s housing services deals with a range of complaints from
Council tenants, including complaints about repairs, rents, allocations
and Housing Benefit.   The housing service also deals with neighbour
complaints, most frequently relating to anti-social behaviour, as outlined
in Table 4, below.   
Table 4: Anti-social behaviour complaints received by the
Council’s housing service
Year No. of Complaints
2021/2022 713
2020/2021 514
2019/2020 690 
4.13 The number of complaints to housing services has remained around
the same level, approximately 700 complaints a year, however there
was a significant drop in the number of complaints on 2020/21, from
690 in 2019/20 to 514 in 2020/21.    
Police Scotland 
4.14 Police Scotland play a key role in Renfrewshire’s Community Safety
Partnership and respond to incidents of disorder and anti-social
behaviour, including neighbour disputes. Table 5 sets out the data for
incidents of neighbourhood disputes recorded by the Police over the
last 4 years. 
Table 5: Incidents of neighbour disputes recorded by Police
Scotland
Year No. of incidents 
2021/2022 1109
2020/2021 1103
2019/2020 952
2018/2019 891 
4.15 There has been a sustained and gradual increase in the number of
neighbour dispute incidents that the Police responded to over a four
year period between 2018/19 and 2021/22. The number of neighbour
dispute incidents rose from 891 in 2018/19 to 2021/22.  This represents
a near 20% increase in neighbour disputes over the period.

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Renfrewshire Council mediation service
4.16 Renfrewshire Council provides a mediation service.  Mediation is a
flexible process that can be used to settle disputes in a range of
situations. Mediation involves an independent third party, the mediator,
in this case provided by the Council, who helps people to agree a
solution when there is a disagreement. The mediator helps parties
work out what their issues and options are, then use those options to
work out an agreement.
4.17 With the help of the mediator, the parties with the dispute decide
whether they can resolve things and what the solution should be. The
mediator does not take sides or make judgements. The mediator will
ensure that both parties get a chance to state their case, hear the other
side, work through the issues that are important to them and make an
agreement.   Mediation is a key way of helping to resolve neighbour
disputes.  There has been an increase in the number of referrals to the
mediation service for neighbour disputes between 2021 to 2022.  The
number of referrals has increased from 130 to 143, a 9% increase.  
5.  Summary of findings
5.1  Section 4. of this report provides a significant amount of data from a
number of services and sources to try an illustrated the scale of
neighbour disputes in Renfrewshire over time.   As noted earlier, there
is no “single source of truth” which captures the full extent of neighbour
disputes in Renfrewshire.  Clearly, the data illustrated in section 4.
record neighbour disputes which have come to the attention of public
and voluntary services.  There will be other neighbour disputes which
do not come to the attention of these services.   For example, Tenants
and Residents Associations may be aware of neighbour disputes which
services remain unaware of.  
5.2 It is also the case that there will be overlap between across the data
sets presented in this report.  For example, specific incidents of
neighbour disputes which the Police respond to may become cases
that the community safety or housing services investigate more fully
and record.  
5.3 Similarly it is not possible, from the current data, to identify the cause of
the neighbour dispute.   It would be possible in most cases to drill down
into the relevant data management system to look at individual cases,
but reporting systems are not currently set up to do this.  Outwith this
investigation, it is not clear that there would be a rationale for reporting
in such a detailed manner, although such information may help to
inform operational decision making.

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5.4 What does emerge from across the different data sets is that, except
for the number of domestic noise complaints reported to the Council,
there has been a sustained increase in the number of incidents/
complaints of neighbour disputes in Renfrewshire over the last 3-4
years.   The reason services have seen these increases requires
further investigation.
5.5  It should be noted that the impact of Covid and the associated
lockdowns has had an impact on the incidence and reporting of
neighbour disputes, particularly for noise complaints reported to the
Council during 2020 and 2021.   The extent of this impact needs to be
further explored with services.    
6.  Domestic CCTV
6.1 At the previous meeting of the Audit, Risk and Scrutiny Board on 23rd
January, the Board noted a particular interest in the use of “domestic”
CCTV, which is CCTV systems fitted by individuals in their homes.  
One of the key questions relating to the installation and use of domestic
CCTV systems was in relation to the responsibility for enforcing the
rules on domestic CCTV use.
6.2 The Council’s powers in relation to domestic CCTV are limited to its
installation by Council tenants.  Under the tenancy agreement, tenants
should not make any changes to fixtures and fittings in and around their
home until they have received written permission from the Council. This
means that although permission may be needed for the erection of
CCTV cameras, the Council’s remit does not extend to approving or
policing the processing of personal data by private individuals. 
6.3 The data protection regulator is the Information Commissioner. As
such, whilst the Council has a role in approving the erection of fixtures
such as cameras, it does not have enforcement powers in relation to
privacy infringement. Any privacy concerns about the use of devices
need to be raised with the Information Commissioner’s Office(“ICO”).
6.4  The ICO provides information on their website specifically about the
use of domestic CCTV.   This states, “The use of recording equipment,
such as CCTV or smart doorbells, to capture video or sound recordings
outside the user’s property boundary is not a breach of data protection
law.  People should try to point their CCTV cameras away from their
neighbours’ homes and gardens, shared spaces or public streets. But this
is not always possible”.
6.5 The ICO’s advice continues, “When people capture images and audio
recordings outside of their property boundary, they should consider
how intrusive this activity is. They should consider whether they can
point their cameras elsewhere or, if possible, apply filters or privacy

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blocks. In these circumstances, data protection law requires them to
follow certain rules, although these are difficult to enforce”.   It is the
ICO’s responsibility to enforce these rules.   The rules are:  
1. Tell people that they are using recording equipment.
2. In most circumstances, provide some of the recording if asked by a
person whose images have been captured.
3. Regularly or automatically delete footage.
4. In most circumstances, delete recordings of people if they ask; and
5. Stop recording a person if they object to being recorded, but only if
it is possible to do so. For example, if they can point the camera in a
different direction but still use it for the same purposes, e.g.,
keeping their property safe.
6.6 The ICO notes that “It is difficult to enforce these rules, as it is not easy
to find out if the person acts on a request to delete footage. We would
not find it a fair or balanced action to go into a person’s home to find
out if they were complying with the law or take other enforcement
action.   Further, the ICO make clear that they cannot retrieve CCTV
footage from domestic users to get cameras or recording equipment
removed from an individual’s home, to quote “it is highly unlikely that
the ICO will consider it fair or balanced to take enforcement action
against a domestic CCTV user”. 
6.7  Individuals who are involved in a neighbour dispute over domestic
CCTV, when they think the rules for use are being broken  can
complain to ICO.  The ICO can send a letter asking the CCTV owner to
resolve matters in the dispute, e.g. by putting up the appropriate
signage or respond to data protection requests from their neighbour. 
6.8  The ICO’s position is that there is a limited amount of action they can
take after this point to make the person comply. It is highly unlikely the
ICO will “consider it fair or balanced” to take enforcement action against
a domestic CCTV user. This is because there is an exemption in data
protection legislation for processing of personal data for private,
household and domestic purposes which is of relevance to processing
of personal data, including domestic CCTV images, by private
individuals.   
7.   Next Steps
7.1  The next stage of the review will consider two of the original aims
1. current arrangements and approaches the Council and other
stakeholders have for responding to neighbour disputes.

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2. Review the current disposals/actions that are available to the
Council and others to resolve neighbour disputes.
7.2 Evidence will be sought from Council services including Housing,
Community Safety and other key stakeholders such as  Police
Scotland and Tenants and Residents associations.     
___________________________________________________________________
Implications of the Report
1. Financial - None 
2. HR & Organisational Development - None 
3. Community/Council Planning –  
• Our Renfrewshire is thriving – None
• Our Renfrewshire is well - None
• Our Renfrewshire is fair  - None
• Our Renfrewshire is safe - None
• Reshaping our place, our economy and our future - None
• Building strong, safe and resilient communities - None
• Tackling inequality, ensuring opportunities for all - None
• Creating a sustainable Renfrewshire for all to enjoy - None
• Working together to improve outcomes - None 
4. Legal – The paper clarifies the legal powers of the Council and the ICO
in relation to the domestic use of CCTV cameras.   
5. Property/Assets – None 
6. Information Technology - None
7. Equality & Human Rights - None 
(a) The Recommendations contained within this report have been
assessed in relation to their impact on equalities and human
rights. No negative impacts on equality groups or potential for
infringement of individuals’ human rights have been identified
arising from the recommendations contained in the report
because it is for initiating an investigation on behalf of the Board.  
If required following implementation, the actual impact of the
recommendations and the mitigating actions will be reviewed

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and monitored, and the results of the assessment will be
published on the Council’s website. 
8. Health & Safety - None
9. Procurement – None
10. Risk - None
11. Privacy Impact - None
12. Cosla Policy Position – None
_________________________________________________________
List of Background Papers 
(a) Background Paper 1: Anti-Social Behaviour Strategy 2022-2025 
(b) Citizen’s Advice Bureau report from CASTLE system. 
(c) Information Commissioner’s Office for Scotland website 
https://ico.org.uk/for-the-public/domestic-cctv-systems/ 
The foregoing background papers will be retained within
Renfrewshire Health and Social Care Partnership for inspection by
the public for the prescribed period of four years from the date of the
meeting.  The contact officer within the service is Andrew Noble,
Renfrewshire Health and Social Care Partnership,
andrew.noble@renfrewshire.gov.uk   
___________________________________________________________________ 
Author:           Andrew Noble
Change and Improvement Officer
Renfrewshire Health and Social Care Partnership
andrew.noble@renfrewshire.gov.uk.