Summary: We will not investigate Mr X’s complaint the Council has ignored his requests for action on noise and nuisance caused by a farm next to his property. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council ignored his requests for action on noise and nuisance caused by a farm next to his property. He says the Council refused to investigate his complaints about flies, rats, and noise and smells from the calving sheds.

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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. Mr X lives next to a working farm. Mr X complained noise, smells, rats, and flies which he says is caused from a calving shed which is situated next to his property. He says the Council refused to investigate his complaints. Mr X wants the Council to move the calves to another location.
6. In response to his complaint, the Council acknowledged some fault as it identified there were certain actions it should have taken. Following its complaint response, the Council visited the farm and discussed the issues with the tenant in June 2024.
7. Records showed the Council discussed with the tenant the issues Mr X has raised. They also discussed the available long term options regarding relocation of the calves to reduce fly and rat issues on Mr X’s property. It was also noted that the tenant would temporarily relocate the calves, and this would be monitored to see if it has a noticeable impact on the issues experienced by Mr X.
8. The Council also confirmed it had committed to part fund an inspection and report from a suitably qualified surveyor to seek the cause of the issues Mr X has raised regarding the flies and rats. It was also noted there was evidence of pest control measures in place, including bait traps, fly boards, and treatment of the livestock.
9. An investigation is not justified as we are not likely to find fault. Under the Environmental Protection Act 1990, the Council has a duty to take reasonably practicable steps to investigate when a person living in their area complains about a potential nuisance.
10. In this case, the evidence shows the Council has done this as it has inspected the property. The Council found that while flies are present on the farm, they were not in excessive amounts. Likewise, while there was evidence of rats on one part of the farm, the tenant was doing everything possible to prevent an infestation occurring by having monthly routine visits in place with a pest contractor and baiting.
11. Further, the Council has taken action to discuss long term solutions with the tenant, including the possibility of relocating the calves to another area on the farm, to try and mitigate the issues Mr X complains about.
12. As the Council has followed the correct process to investigate Mr X’s concern, we could not find fault with the decisions and actions it has taken itself.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman