Summary: The evidence currently suggests fault on Miss Y’s complaint about the Council failing to deal with her formal complaint properly. There were delays in responding to her initial reports and requests for information. The agreed action remedies the injustice caused.

The complaint

1. Miss Y complains about the Council failing to act on her:
1. reports about the condition of the neighbouring house;
2. reports about rats entering her property from it; and
3. formal complaint.
2. As a result, this causes her a great deal of anxiety and stress as her son and partner have health issues which make them more at risk from becoming ill.

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The Ombudsman’s role and powers

3. 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)
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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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Council: Enforcement Policy 2014

5. The main aim of the Environmental Health Service is to protect public health. When considering what action to take, the Council looks at action that is proportionate to the nature of the offence and harm caused, changes the behaviour of the offender, addresses the harm caused, and is responsive. It also has to be appropriate.
6. When assessing what enforcement action is necessary and proportionate, the Council will consider: the seriousness of compliance failure; legal, official, or professional guidance; acting in the interest of public health. Action it can take ranges from no action, informal action/advice, to fixed penalty notices.

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Council: Environmental health service

7. The control of rats and mice is central to public health. The Council will provide a pest control service to residents, investigate sources of rat infestations, and take enforcement action against landowners who have allowed rats to shelter and find food on their land.
8. Absent owners who neglect their properties can cause harm to neighbours and incur costs with the Council. Written warnings can be sent to owners and enforcement notices can be served along with fixed penalty notices. The Council can charge for works it does, should required works not be carried out.

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Prevention of Damage by Pests

9. The Prevention of Damage by Pests Act 1949 requires councils to keep their land and districts free from rats and mice so far as is reasonably practicable.
10. If a council believes steps should be taken for the destruction of rats or mice on any land, to keep the land free from rats and mice, then it may serve the land owner or occupier with a notice. The notice will require the land owner or occupier to take reasonable steps, within a reasonable period, to rid the land or rats and mice.
11. Anyone receiving such a notice can appeal the notice to court within 21 days. If no appeal is made, the council may itself act to rid the land of rats and mice. It can take steps to recover any reasonably incurred expenses in doing so.

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How I considered this complaint

12. I considered all the information Miss Y sent, the notes I made of our telephone conversation, and information received from the Council. I cannot disclose or refer to some of the information received as it refers to a third party which means it needs to be kept confidential. I sent a copy of my draft decision to Miss Y and the Council. I considered their responses.

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What I found

13. Miss Y and her family have lived in their home for more than seven years and for most of that time, there was a problem with the neighbour. The neighbour failed to maintain his property, particularly the garden areas. These are overgrown and full of waste material. She believed this caused rats to enter her property.
14. In September 2023, Miss Y reported her neighbour to the Council. She reported waste in both his gardens, and vermin. The Council acknowledged it.
15. The following month, Miss Y sent the Council photographs of the neighbouring property. These showed an overgrown garden area, along with bins and other items to the front of the house. She referred to a growing rat population. When the Council acknowledged her email, she asked about timescales for its investigation and information about the process. An officer replied saying her case was allocated to an officer who would contact her depending on workload.
16. The following week she again chased the Council, concerned rats were entering her house. This too was acknowledged with an officer saying they were very busy. She sent photographs shortly after showing the condition of her neighbour’s house to the front and rear. At the end of October she sent a video, concerned rats were now in her loft. She again got a response saying they were passed on to the investigating officer.
17. At the start of November, Miss Y asked about making a formal complaint. Details about how to do so were sent to her. She got in touch with a councillor a few weeks later about the lack of service. She chased the Council again towards the end of the month as she had heard nothing about her complaint. An officer responded saying she had visited the neighbour’s property, but he was not home. The officer asked if he was still living in it. A week later, the officer emailed her saying she had visited that week and had now sent letters to her neighbour. The officer told Miss Y vermin entering her property was her responsibility to deal with, not the Council’s.
18. I have seen a letter the Council sent her neighbour as the officer wanted to visit and suggested early December. This was rescheduled to about a week later, through no fault of the neighbour. The officer spoke to the neighbour who was now baiting and cleaning up the front of the house. I have also seen evidence of the officer speaking to the neighbour earlier that month too.
19. Miss Y chased the Council about the visit. The officer replied saying she spoke to the neighbour who agreed to clean up the front and rear of the property. The officer told her he was also 'baiting' inside and outside of his house. The officer would visit the following week.
20. The records show the neighbour was not there for the next visit and so the officer wrote and arranged another one. The officer warned the neighbour about the need to remove waste from the front and to clear overgrown vegetation to the boundaries.
21. On 19 December, the Council wrote to Miss Y about her complaint. It apologised for the unacceptable delay in responding. It explained officers were about to visit her neighbour. The complaint would be closed as ‘service level issue’.
22. In January 2024, the officer told Miss Y her neighbour was given four weeks to do the works after which she would visit again. The officer left voice mail for the neighbour to call her back.
23. I have seen a copy of a notice sent in February which gave the neighbour until 7 March to carry out the works as he had failed to do them. The works included treating vermin, removing waste, and cutting back overgrown vegetation. Towards the end of the month, Miss Y chased the Council as she was aware the formal notice date had passed.
24. An officer visited her to discuss the notice as it had not been complied with. The officer explained the Council might have to do the works if he failed to do them. The vermin problem was resolved about a month before.
25. In early April, after a visit from an officer, the Council sent her a letter about another visit. The new officer would try to contact her neighbour in the meantime. I have seen photographs taken during the visit.
26. The records show the Council sent her neighbour another letter the same month. This referred to him failing to have done the works set by the notice’s deadline in February. A visit earlier that month showed it still needed to be done. The letter gave him a date in April to do the works, otherwise the Council would do them and charge him. After contact from him, an officer would visit shortly before this new deadline expired. The same month, Miss Y again contacted the Council about the neighbour and sent more photographs.
27. When the officer visited the neighbour later in April, she was satisfied the terms of the notice had been met although he needed to remove some remaining items from the front garden. All vegetation was removed from the front garden along with the boundary hedge which another neighbour had done. Many items remained, like plastic tubing and floor tiles. He was advised to move items he wanted to keep to the rear of the house. The officer saw no entry points for vermin in the building or garden. No further pest treatment was needed.
28. There was a record of the officer calling Miss Y and giving her an update. The officer explained nothing was found which would attract vermin into the garden.
29. Miss Y claimed the problem with the neighbour continued. She recently made further reports to the Council who visited her. This is because she says rats were still entering her property. Her neighbour was not visited.
30. The Council’s website sets out how it responds to requests for help. It will: acknowledge the request within 5 working days; say when they can expect a substantive response; seek to fully understand the nature of the request; explain what it may or may not be able to do; keep them informed about progress throughout its involvement; provide clear advice where appropriate; inform of outcome as soon as possible.
31. Its complaints procedure is as follows:

• Initial stage: an acknowledgement is sent to confirm receipt of the complaint. A response is sent within 20 working days. A manager will review the complaint and decide the best course of action for resolution taking account the gravity of the complaint. Either they, or another officer, will call to discuss the complaint to try and resolve it. A summary of the telephone call is then sent to the complainant. The complaint is then investigated.
• Stage 1 investigation: This is sent with the manager’s findings and states whether it has been upheld or not along with details of the next stage of the complaint procedure.
• Stage 2 review: When a stage 2 request is received, an acknowledgement is sent saying it has been passed to a senior manager. A response is sent within 20 working days. Information about complaining to the Ombudsman is also given.

My findings: complaint a) and b)

32. I found some initial delay in contacting Miss Y about the reports she sent in September and October 2023. While she received at least three acknowledgements to emails and photos she sent, I have seen nothing which shows she was given any explanation about the process or when an officer might deal with it or indeed to whom the case had been allocated. This was what prompted her to make her complaint in November and get her local councillor involved. I consider these failures amount to fault.
33. I am satisfied the fault caused her an injustice. She was caused some distress as she had the uncertainty of not knowing when her case would be considered. She also had the frustration of chasing the Council about it.

My findings: complaint c)

34. I found fault on this complaint. This is because when Miss Y complained in December 2023, she was given an apology for the delay in responding to it and told officers would visit the neighbour. She was also told it would close her complaint as a service level issue.
35. This was a formal complaint which meant the Council should have put it through the complaints procedure. There is nothing to show it was considered under its initial stage of the complaint process. No manager reviewed it and decided what the best course of action was. No telephone call was made to Miss Y to discuss the complaint and try to resolve it. No record of this call was sent to her and nor was the complaint then investigated under stage 1 of its process.
36. I am satisfied these failures amount to fault and caused Miss Y an injustice. She lost the opportunity to have her complaint dealt with under its complaints process. She also suffered some frustration.

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Agreed action

37. I considered our guidance on remedies.
38. The Council agreed to take the following action within four weeks of the final decision on this complaint:
1. Send Miss Y a written apology for failing to: deal with her initial reports promptly, without delay; provide her with an explanation about the process, when an officer might deal with them, or who they were allocated to; deal with her formal complaint properly under its corporate complaints procedure.
2. Pay £100 Miss Y for the injustice caused.
3. Review why there were initial delays with her reports and consider how to provide those making reports with information about processes, likely timescales, and the allocation of cases early on.
4. Remind relevant staff of the formal complaints process requirements.
5. Arrange for officers to visit the neighbouring property and assess whether: i) the garden is now in a satisfactory condition; ii) there is any evidence of rats on his land or inside his property which could be gaining access to her house. The outcomes will be shared with us and Miss Y.
39. The Council should provide us with evidence it has complied with the above actions.

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Final decision

40. I found the following on Miss Y’s complaint against the Council:

• Complaint a): fault causing injustice;
• Complaint b): fault causing injustice; and
• Complaint c): fault causing injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman