Summary: We will not investigate this complaint about the Council’s response to the complainant’s reports of rats from a restaurant. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains about the Council’s response after she reported rats she thinks are coming from a restaurant.

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The Ombudsman’s role and powers

2. We investigate 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), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

4. Mrs X has seen rats around her property and says they are coming from a restaurant. She thinks the cause of the problem is the way the restaurant stores rubbish and the management of the bin area.
5. The Council has undertaken a range of actions in response to her reports. This includes unannounced inspections, checking the bin area, establishing the restaurant has effective and on-going pest-control measures, and asking for a bin to be replaced and used properly. The Council sent a letter to residents explaining the actions they can take to limit rodent activity, and it told Mrs X it would continue to visit the restaurant. The Council suggested the rats could be coming from a nearby source of water and fields, and said residents could ask for assistance from pest control services.
6. The Council explained the restaurant owner was being cooperative and pro-active and had taken steps to ensure the restaurant is not contributing to rodent activity. It said it had not found evidence of any significant issues at the restaurant. It explained it could not take enforcement action because there is no evidence of a significant waste management control issue. The Council provided me with an update which said a further visit in October had not found any problems.
7. The presence of rats is distressing and I appreciate this is an important issue for Mrs X. But, I will not start an investigation because there is insufficient evidence of fault by the Council. The Council has taken the actions I would expect it to take and there is nothing more we would ask it to do. I acknowledge there are other steps Mrs X would like the Council to take (for example, requiring the restaurant to get an additional bin) but the range of actions taken by the Council do not amount to fault so there are no grounds for us to start an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman