Summary: We will not investigate this complaint about the Council’s decision not to provide a refund for money the complainant spent on pest control. This is because there is insufficient evidence of fault by the Council and it is unlikely we could add to the Council’s response.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not reimburse £140 he spent on pest control. Mr X wants a refund.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start 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)

Back to top

How I considered this complaint

3. I read the complaint and correspondence between Mr X and the Council. I considered comments Mr X made in reply to a draft of this decision.

Back to top

What I found

What happened

4. Mr X rents a property to tenants. Mr X says that in 2020 the tenant reported rats to the Council but was told the Council could not help. The tenant asked Mr X, as the landlord, to deal with the problem.
5. Mr X paid £140 for pest control. He then asked the Council for a refund.
6. The Council agreed the tenant had contacted the Council but there was no record of what was said. It said its staff knew there was a free pest control service for vermin. It declined to make a payment to Mr X because he had not raised it with the Council beforehand.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council and it is unlikely we could add to the Council’s response. It would be impossible for us to find out what happened when the tenant called the Council. It is possible the Council misadvised the tenant but it is also possible the tenant misunderstood what the Council said.
8. Mr X could have contacted the Council to double check the position regarding pest-control, or looked on the Council’s website, before deciding to pay for pest-control. If Mr X had contacted the Council before making his own arrangements, then it is likely he would have been told the Council would provide a free service provided it accepted it was for domestic premises.
9. Mr X says the Council has provided wrong information and has sent an undated email from the council which states the Council no longer provides a free service for rats. Mr X’s complaint relates to events in 2020. The information on the Council’s website relates to fees for 2021/22 and explains that free pest control for rodents is available for people in receipt of certain benefits.

Back to top

Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council and because it is unlikely we could add to the Council’s response.

Back to top

Investigator's decision on behalf of the Ombudsman