Summary: We will not investigate this complaint about the way the Council responded after the complainant reported that someone feeds birds in a park. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains about the Council’s response after she reported that someone regularly feeds birds in a public park near to her home, early in the morning. Mrs X says this is a public health issue because the feeding may spread bird flu. Mrs X wants the Council to stop the person feeding the birds.

Back to top

The Ombudsman’s role and powers

2. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Mrs X. This includes the Council’s response. I also considered our Assessment Code.

Back to top

My assessment

4. Mrs X reported to the Council that a person feeds the birds in a local park, early in the morning. Mrs X says the feeding may spread bird flu which is a risk to public health.
5. In response, on 16 March, the Council advised that it had asked the police and wardens to patrol the area. It said they could offer words of advice and issue a warning if the person continued to feed the birds. The Council said it would consider a shift change to ensure action could be taken early in the morning, before the teams normally become operational.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by referring Mrs X’s report to the Community Safety Team and arranging patrols. I appreciate Mrs X feels strongly about this issue but the Council responded less than two weeks ago and it is too early to know if the actions will have a positive impact. And, even if the person continues to feed the birds, that does not necessarily mean the Council has done anything wrong or that an investigation is needed.

Back to top

Final decision

7. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman