Summary: Mr X complains about the Council’s handling of his reports of rats and fly tipping. We have decided to uphold Mr X’s complaint. This is because there is evidence of fault by the Council, which caused Mr X uncertainty about what action it would take. To remedy this, the Council has agreed to apologise to Mr X, open a new investigation into his reports and make several service improvements.

The complaint

1. The complainant, who I shall refer to here as Mr X, complains that the Council:
1. delayed in dealing with his reports of fly tipping and rat infestations in the alleyway near his property. Mr X says he has been reporting these issues since June 2021; and
2. failed to provide its response to the three reports from the private pest control company that he sent to the Council.
2. Mr X says the situation has caused him stress and distress. He is concerned his house will become infested with rats. Mr X says he is scared to go outside to use his back garden or open his windows. Mr X says the rats are now breeding in other peoples’ back yards and are continually trying to invade his property.
3. Mr X says he has had to pay £132 for a private pest control company, which put rodenticide under his shed and wrote three reports. Mr X says the pest control company said the rats came from the rear alley and had been feeding in the bins.

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The Ombudsman’s role and powers

4. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I considered the information and documents provided by Mr X and the Council. I spoke to Mr X about his complaint.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

The law, policy and practice

Waste and recycling services

8. Councils have a legal duty under the Environmental Protection Act 1990 to collect household waste and recycling free of charge. The collections do not have to be weekly and councils can decide the type of bins or boxes people must use. Councils can also make a charge to replace stolen or damaged bins.

Fly tipping

9. The Environmental Protection Act 1990 gives councils powers to require occupiers and landowners to remove waste unlawfully deposited on land (called ‘fly tipping’). Councils can investigate allegations of fly-tipping in various ways such as taking witness statements, visiting the location and voluntarily obtaining CCTV footage.
10. Depending on what the evidence shows, councils can decide to remove the flytipped waste themselves or can issue formal notices requiring the person responsible to remove the waste. Councils should also consider taking action to prevent reoccurrence of problematic fly tipping.

The Prevention of Damage by Pests Act 1949

11. The Prevention of Damage by Pests Act 1949 says it is the owner or occupier’s responsibility to keep their land free from mice and rats.
12. The Act gives local authorities powers to require landowners or occupiers to do this. Councils may serve a notice under section 4 of the Act, setting out the steps they require and the time limit for action. They can require a treatment by a professional pest controller, removal of rubbish, or structural works. It can serve a notice on the relevant person. If the notice is not complied with it can carry out works in default or instigate prosecution proceedings.

What happened

13. In May 2021, Mr X complained about a household waste bin near to his home. He said there was a large hole in the side of it and, because it had no lid, the waste inside was giving off an unpleasant smell.
14. At the beginning of June, the Council replied to Mr X. It said the Council was aware that various bins in Mr X’s area were damaged. It said the Council was working to get these bins repaired or replaced. The Council told Mr X that it had removed some bin lids to make it easier for residents to open them. The Council said it would repair or replace the bin within the next two weeks.
15. At the end of June, Mr X reported fly tipping in the alley near his home.
16. At the end of July, Mr X again reported fly tipped waste in the alley. He said he first reported this at the end of June, but had not received a response from the Council. Mr X said he spoke with a crew member that day who told him rats had infested the fly tipped household waste.
17. At the end of August, Mr X complained the alleyway near his house was infested with rats. He said that he had to pay a private pest control service to bait the rats as the rats had started nesting under his shed. Mr X said he had contacted his local Councillor who said she would try to get the alleyway near his home baited.
18. In early September, the Council replied to Mr X’s second complaint. Its Waste and Recycling Operations Manager said he was aware of reports of rats in the alley near Mr X’s house.
19. Later in September, Mr X complained the rat infestation issue had not been resolved. He said he had been complaining about fly-tipping in the alley since June 2021. However, he said the rats were breeding in the household items left there, specifically mattresses and sofas, which he said the Council had failed to remove promptly.
20. In October, Mr X complained to the Ombudsman.
21. In late October, Mr X reported fly tipping of mattresses in the alley. A Senior Environmental Neighbourhood Safety Warden replied the same day. He said one of the mattresses was wet due to poor weather conditions, which made it too heavy for crew members to lift the mattress onto the waste removal vehicle with the tail lift available. He told Mr X that the waste crew would return to remove the mattress as soon it was safe to clear the item.
22. The Council sent Mr X its stage two complaint response.

Analysis – was there fault by the Council causing injustice?

23. In June 2021, the Council told Mr X it would repair or replace a faulty bin within the next two weeks. The Council told me it replaced a number of bins on Mr X’s street in the summer of 2021. However, it is not clear whether this included the bin Mr X complained of and, if so, whether the Council replaced it within the two weeks committed to. This is fault, which caused Mr X uncertainty. The Ombudsman expects councils to maintain clear records of such action.
24. Based on the evidence I have seen, a Council Pest Control Technician visited the alley four times between the end of July and August 2021. On each visit, the Technician baited the area. The evidence shows this action was taken in response to Mr X’s reports of rats. I do not find the Council at fault here.
25. However, I have seen no evidence that the Council clearly communicated with Mr X about the pest control visits and the outcome of these. This is fault. This caused Mr X uncertainty about what action, if any, the Council was taking because of his reports.
26. In early September, the Council replied to Mr X’s second complaint. This was the first time the Council told him its Pest Control team had baited the alley on several occasions throughout August. The Waste and Recycling Operations Manager said the Pest Control team would inspect the boxes the next day and would work together with the Environmental Enforcement team to address the issue of fly tipping in the alley. However, I have seen no evidence that these actions were completed and, if so, that this was clearly communicated to Mr X. This is fault. This caused Mr X stress and further uncertainty. This was particularly so given the Waste and Recycling Operations Manager accepted the rats were not taking the bait in the boxes as other food sources were attracting them.
27. The Council told me, regarding any rats in neighbouring properties causing infestations, these would not be the responsibility of the Council as they are on private land. However, as explained above, the Prevention of Damage by Pests Act 1949 gives the Council certain powers to require landowners or occupiers to keep their land free from mice and rats. I find the Council failed to consider these powers when investigating Mr X’s reports of rat infestations. This is fault, which caused Mr X uncertainty.
28. I intend to uphold part a of Mr X’s complaint based on the findings of fault causing injustice explained above.
29. The Council has explained that, in October, there was a delay in removing one of the flytipped mattresses as poor weather conditions had made it wet and too heavy for crew members to safely lift. The Council told me that its waste collection crew returned the next week to safely remove the mattress. I do not find the Council at fault here.

Complaint handling

30. In Mr X’s complaint from September 2021, he requested a refund of the £132 he had paid for a private pest control company to bait the rats. He said the second and final reports from the private pest control company showed the rats were invading his garden from the alley and the damaged bins were contributing to the issue.
31. The Council failed to respond to this part of Mr X’s complaint in its stage two complaint response from October. This is fault. This caused Mr X uncertainty about whether or not the Council would take any action because of his reports.

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Agreed action

32. Within four weeks of my final decision, the Council has agreed to:
1. apologise to Mr X for the fault causing injustice;
2. open a new investigation between the Pest Control team and the Environmental Enforcement team into whether there are rats and flytipping issues at the site. As part of this, officers should check whether the bin Mr X complained about has been replaced and, if not, take appropriate action. Officers should make a record of their findings and, if applicable, any action they will take as well as any evidence considered. Officer should refer to these in any written decision to Mr X. The Council should consider the private pest control reports Mr X provided and tell Mr X how and whether these have informed any decision made;
3. provide Mr X with a response to his request for a refund of the £132 he paid for a private pest control company to bait the rats and clearly set out its reasons for its decision; and,
4. make Mr X a payment of £150 for the avoidable stress and uncertainty caused by the fault. This payment is in line with the Ombudsman’s published guidance on remedies.
33. Within four weeks of my final decision, the Council has also agreed to make the following service improvements:

• send a reminder to relevant staff about the importance of responding fully to a complaint;
• send a reminder to relevant staff about the Council’s powers, under the Prevention of Damage by Pests Act 1949, to require landowners or occupiers to keep their land free from mice and rats; and,
• share this decision with relevant members of staff.

34. The Ombudsman will need to see evidence that these actions have been completed.

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Final decision

35. I have completed my investigation.
36. I have decided to uphold Mr X’s complaint because there is evidence of fault by the Council causing Mr X injustice. The above recommendations are suitable ways for the Council to remedy this, which the Council has agreed to.

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Investigator's decision on behalf of the Ombudsman