Somerset West and Taunton Council (19 007 762)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 01 Oct 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about how the Council has dealt with rats at the complainant’s home. It is unlikely he would find evidence of fault by the Council.
The complaint
- The complainant, who I refer to here as Miss B, has complained about how the Council has dealt with her concerns about rats in her home.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
- We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
- 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I have considered what Miss B said in her complaint and background information provided by the Council. Miss B commented on a draft before I made this decision.
What I found
- Miss B complained to the Council about rats entering her property. Her neighbour keeps chickens and Miss B believes this is a major cause of the problem.
- The Council has a power to take formal action to deal with rat infestations under the Prevention of Damage by Pests Act 1949. It is for the Council to decide whether to exercise this power.
- The Council has visited on several occasions. It has given Miss B and her neighbour advice about how to prevent rats. However, the Council’s view is the chickens are not the main cause of the problem and there are no grounds to take any formal action. It is therefore for Miss B to take her own action to deal with any infestation on her property.
Final decision
- I have decided we will not investigate this complaint. This is because we are unlikely to find evidence of fault in how the Council has considered Miss B’s concerns. In the absence of any fault, we cannot criticise the Council’s decision not to take formal action.
Investigator's decision on behalf of the Ombudsman