Anyone, whether it be flat above/below or neighbour is entitled not to have their privacy invaded at an unreasonable time, by noise/smoke etc pollution.
The options open are,
1) there is always a out-of-hours phone number available from the Environmental Office at your local council for both private and council tenants.
2) if the police are contacted, it has to be mentioned if the person being subjected to noise etc, is suffering from any medical condition which might be accerbated by the noise, as the police catergorise this type of issue. After all, they would far sooner deal with a problem if the person has a cardiac condition than wait untill it has kicked off and a cardiac arrest has commenced.