Summary: We will not investigate this complaint about the Council’s failure to take enforcement action against Mr X’s neighbour for feeding wild birds in his garden. This is because an investigation is unlikely to find fault, and it is unlikely we could add to the response provided by the Council’s investigation.

The complaint

1. Mr X complained that his neighbour is deliberately feeding birds in his garden, which he believes causes them to defecate on his property. He says the neighbour is doing this intentionally and that the Council has failed to take any action.
2. Mr X says the situation has caused him distress and inconvenience because bird droppings regularly soil his house and garden.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X told the Council that his neighbour was deliberately feeding birds, which he believed amounted to antisocial behaviour and a statutory nuisance.
8. Mr X submitted two complaints to the Council, in May 2024 and in February 2025. The Council sent Mr X diary sheets to complete as evidence of the problem.
9. Mr X did not return the diary sheets but sent photographs in February 2025 showing bird droppings on his property and birds in his neighbour’s garden.
10. The Council investigated Mr X's complaint and found no evidence to support that a statutory nuisance or antisocial behaviour had occurred. It explained that such incidents are common in coastal areas and that the presence or feeding of birds alone did not amount to sufficient evidence of a statutory nuisance or antisocial behaviour.
11. We will not investigate Mr X’s complaint about the Council’s failure to take enforcement action against his neighbour, because there is not enough evidence of fault in the Council’s handling of the matter to justify investigating.

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Final decision

12. We will not investigate Mr X’s complaint about the Council’s failure to take enforcement action against his neighbour, because there is not enough evidence of fault in the Councils handling of the matter to justify investigating.

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Investigator's decision on behalf of the Ombudsman