Summary: We will not investigate this complaint about a letter the Council sent to the complainant about an allegation of rubbish being left at the back of their property. This is because we do not consider the Council’s actions have caused the complainant a significant enough injustice to warrant investigation.

The complaint

1. The complainant, who I will call Dr X, complains about a letter the Council sent him after it received an allegation that rubbish was being left outside the back of his property which was attracting rats. Dr X says the letter was accusatory and should not have been sent until the Council had completed its investigation. Dr X says the letter has caused he and his family distress.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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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. The Council received a report that rubbish was being left at the back of Dr X’s property which was attracting rats. The Council wrote to Dr X’s household informing them of the allegation and advising what precautions could be taken to avoid the issue of rats. The Council subsequently carried out a visit and did not find evidence of rubbish being left but did find evidence of rat activity and therefore carried out treatments to eradicate the issue.
6. I will not investigate Dr X’s complaint. The letter sent to his household was advisory and has not led to any further action. I appreciate that receiving the letter may have caused Dr X and his family some upset, but I do not consider that a significant enough injustice to investigate further.

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Final decision

7. We will not investigate Dr X’s complaint because any injustice caused by the Council’s actions is not significant enough to warrant investigation.

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Investigator's decision on behalf of the Ombudsman