St Albans City Council (21 012 786)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 07 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the actions of the Council’s pest control service. There is insufficient evidence of fault which would warrant an investigation.
The complaint
- Mr X complained about the Council’s pest control service which he says has failed to remove a rat infestation in his area despite him paying for several treatments. He says the service is inadequate for the charges he has paid.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X asked the Council to provide pest control services because he had seen rats near his property. He says the service provided by the Council’s pest control officers was unsatisfactory. They failed to properly discuss the situation and delayed an appointment to meet him. the Council also did not require a nearby owner to remove structures which may be harbouring the rats.
- The Council says it carried out the required inspections and baiting for pests but that this can require repeated treatment over time. It has no authority to require a landowner to remove sheds or other structures and there was insufficient evidence that the rats were occupying the site in question.
- The Ombudsman may not question the merits of decisions which have been made in a proper manner. This means we will not intervene in disagreements about the merits of decisions. The Council’s officers have explained to Mr X the procedure which it follows and the limitations in dealing with living creatures. It is not our role to consider the outcome of the pest treatment.
Final decision
- We will not investigate this complaint about the actions of the Council’s pest control service. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman