Summary: We will not investigate this complaint about the Council failing to take enforcement action to remove an insect nest. This is because there is insufficient evidence of fault.

The complaint

1. Ms X says the Council has failed to deal with an insect infestation on a nearby property. She says the insects pose a risk to her health and the Council should take enforcement action to remove them.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Under the Environmental Protection Act 1990 (EPA), the Council has a duty to take reasonable steps to investigate potential statutory nuisances.
6. Ms X reported an insect infestation at a nearby residential property which is affecting her. The Council investigated and said it could not take any enforcement action because it is not a statutory nuisance under the EPA. This is because the EPA statutory nuisance definition only includes insect infestations from industrial, trade or business premises and not from residential premises.
7. I recognise that Ms X is unhappy with the Council’s decision. However, there is insufficient evidence of fault to justify further investigation. I am satisfied the Council properly considered the EPA in making its decision and there is no evidence to suggest the Council acted contrary to the EPA.
8. If Ms X wishes to pursue the matter further she may be able to make a private statutory nuisance claim against the owner of the property concerned. She may however wish to take legal advice on this point before commencing her own action.

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Final decision

9. We will not investigate Ms X’s complaint. There is insufficient evidence of fault by the Council to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman