Summary: The Ombudsman will not investigate Ms B’s complaint about the way the Council has dealt with her reports of rat infestation at her neighbour’s property. Further consideration of the complaint is unlikely to find fault by the Council.

The complaint

1. The complainant, whom I shall call Ms B, complains the Council has failed to take action to deal with rats at her neighbour’s house. Ms B says the rat problem has been ongoing for over a year and is affecting her family and their use of their own home.

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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 cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered the information Ms B provided and the Council’s response to her complaint. I sent a draft decision to Ms B and invited comments before I made my final decision.

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What I found

5. In its response to Ms B’s complaint, the Council has explained officers visited her property in February 2019 and found no evidence of rodent encroachment from the neighbouring property. The Council has explained that without direct evidence of rodent infestation, it cannot require entry to her neighbour’s property without permission and considers it is unlikely to succeed in an application to the magistrate’s court for a warrant to enter the premises.
6. Ms B has instructed private pest control contractors who have laid bait. The Council has said it will reconsider whether it can act if the contractor is able to identify potential external entry points for rodents.
7. While Ms B is unhappy with the way the Council has dealt with her reports of rats, the Ombudsman can only criticise the Council’s decision not to take further action if that decision was made with fault. Further consideration of the complaint is unlikely to find fault because officers have visited Ms B’s home and searched the land to the front and rear of the properties before deciding there is no evidence of a rodent infestation. The Council has explained that as her neighbour’s property is privately owned, they cannot gain access without permission unless the court issues a warrant. The Council has explained it will not apply for a warrant because it cannot provide evidence of an infestation that would satisfy the court. As the Council has said it will review the matter if new evidence comes to light, there is nothing more the Ombudsman could achieve for Ms B

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Final decision

8. The Ombudsman will not investigate this complaint. This is because further consideration of the complaint is unlikely to find fault by the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman