Summary: Mr X complained the Council failed to take action to clear rubbish in his neighbour’s garden. We find the Council at fault for misleading Mr X by telling him to complete a pest control referral and for failing to acknowledge his complaint about service failure. The Council has agreed to apologise to Mr X, make a symbolic payment and complete service improvements to remedy the injustice caused.

The complaint

1. Mr X complained the Council failed to take action to clear rubbish from his neighbour’s garden. He also complained the Council failed to keep him informed of its actions, failed to reply to his contacts and failed to deal with his complaint. Mr X told us the nature of the rubbish has caused bad smells and health hazards which have prevented him from using his own garden. Mr X also told us he has spent significant time and trouble pursuing responses and the lack of correspondence has impacted his mental health and caused frustration. Mr X would like the Council to serve notice on the homeowner, arrange for rubbish to be collected and reply to his contacts.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

4. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Legal and administrative background

6. Councils have a general duty to tackle anti-social behaviour (ASB). ASB can take many different forms; and when someone reports a problem, councils should decide which of their powers is most suitable.
7. For example, they may approach a complaint as an environmental health issue, where the complaint is about noise or pollution.

What happened

8. The following is a summary of key events. It is not intended to be a detailed chronology.
9. Mr X contacted the Council in June 2024 to raise concerns about waste in his neighbour, Y’s, garden.
10. The Council contacted Mr X the following day. The Council explained it had visited Y’s property and noticed the large piles of household waste in the garden. The Council told Mr X it had requested Y take the necessary steps to remove the rubbish and Y had confirmed they were in the process of clearing the waste.
11. In July 2024 the case was passed from the Council’s community protection team to its antisocial behaviour team. The antisocial behaviour team issued a notice requiring Y to remove all waste from the garden. Y did not comply with this notice.
12. Mr X contacted the Council for an update at the beginning of August 2024. There is no evidence the Council responded to Mr X.
13. Mr X submitted a formal complaint at the beginning of September 2024. In his complaint Mr X raised the ongoing issue of waste at Y’s property causing environmental concerns and the Council’s lack of contact and updates.
14. In response to Mr X’s complaint the Council said it could not investigate complaints about antisocial behaviour and directed Mr X to report the antisocial behaviour to is community protection team.
15. Council records show it considered the use of its antisocial behaviour powers between September 2024 and December 2024. The Council determined this was not the correct action to take due to Y’s personal circumstances.
16. In October 2024 the Council advised Mr X to complete a referral to its pest control team as they may provide a solution.
17. Mr X has provided evidence he submitted a referral to the pest control team in January 2025.
18. The Council told us it has no record of Mr X’s pest control referral. The Council also told us it does not offer or provide a pest control service direct to citizens. This means there was never an option for its pest control team to resolve the issue. Mr X was given incorrect information, and his expectations were raised that the issue would be resolved.

My findings

19. There is no evidence of fault in the Council’s consideration of its antisocial behaviour powers.
20. There were occasions when the Council failed to provide Mr X with timely updates and respond to his communication. This is fault which caused Mr X distress, frustration and uncertainty.
21. The Council failed to acknowledge Mr X’s September 2024 complaint as a service complaint and referred him to its process for reporting antisocial behaviour. This means Mr X’s complaint about the service he received from the Council teams was not addressed. This is fault which caused Mr X frustration.
22. The Council gave Mr X incorrect information about its pest control team which raised his expectations for a resolution which could not be provided. This is fault which caused Mr X distress and frustration and caused him to spend additional time contacting the Council.

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Action

23. Within one month of the final decision the Council will:
• Apologise to Mr X for the injustice caused by the faults identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making its apology.
• Make a symbolic payment of £500 to Mr X in recognition of the injustice caused by the Council’s poor communication, failure to investigate his service complaint and providing incorrect information about the pest control team.
24. Within three months of the final decision the Council will:
• Ensure its complaints process allows for investigations into complaints about service failure by its antisocial behaviour team.
• Inform the relevant staff of its process for dealing with complaints about service failure by its antisocial behaviour team.
25. The Council should provide us with evidence it has complied with the above actions.

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Decision

26. I find fault causing injustice. The Council has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman