I think there's a big falling out amongst the wasps come Autumn/Winter, they stop making food and leave the nest. Most die except for queens. Thats why the little Jaspers come bothering people later on in the year, looking for water and sugar (ice creams and pop are wasp heaven). Probably won't be the same wasps that come back to a nest.
Generally no they dont but I would speak to the enviornmental health dept just to be sure. Here take a look at this http://www.wasp-control.co.uk/wasp-answers5.html
Had one in the ground outside the house, complete nightmare to get rid of, local kids stirred them up then parents complained to us when they got stung - duh! Took a couple of good canisters of spray from B&Q to kill the little beggers.