Summary: Mrs X complained that the Council failed to prevent gulls nesting in her local area. We have not found evidence of fault in the Council’s actions.

The complaint

1. Mrs X complained the Council failed to take measures to prevent gulls nesting in her local area. She says the birds create noise and mess which affects her, her neighbours, and local businesses.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
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)

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How I considered this complaint

4. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
5. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Statutory nuisances

6. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’.
7. Activities a council might decide are a statutory nuisance include:

• noise from premises or vehicles, equipment or machinery in the street; and
• accumulation of deposits on premises.

8. For the issue to count as a statutory nuisance, it must:

• unreasonably and substantially interfere with the use or enjoyment of a home or other property; and/or
• injure health or be likely to injure health.

9. There is no fixed point at which something becomes a statutory nuisance. Councils rely on suitably qualified officers to gather evidence. Once evidence gathering is complete, a council will assess the evidence. It will consider matters such as the timing, duration, and intensity of the alleged nuisance. Officers will use their professional judgement to decide whether a statutory nuisance exists.
10. The law says that a potential nuisance must be judged on how it affects the average person. Councils cannot take action to stop something which is only a nuisance to the complainant because they have special circumstances, such as a medical condition which makes them unusually sensitive to noise or fumes.
11. Councils can also decide to take informal action if the issue complained about is causing a nuisance but is not a statutory nuisance.

Advice from Natural England

12. Natural England recommends that councils develop a long-term management strategy regarding gull populations in their area. However, there is no statutory requirement or specific framework that councils must adhere to when making such plans. The Prevention of Damage by Pests Act 1949 does not apply, as gulls are not considered pests.
13. Gulls and other wild birds are protected under the Wildlife and Countryside Act 1981. This makes it an offence to intentionally kill, injure, or take any wild bird, or to damage or destroy their nests while in use or being built.
14. Natural England provides licencing advice to councils and landowners on the actions they can take to manage potential gull problems. Where certain species pose a risk to public health or safety, immediate action is allowed with the appropriate licencing.
15. In many cases problems with birds, like gulls, nesting in large numbers can be avoided by preventative measures, such as keeping food storage and waste facility areas secure. These can all be carried out without a licence from Natural England.

What happened

16. Mrs X contacted the Council in September 2024 about an increasing number of gulls nesting close to her home, causing noise and mess. The Council responded that noise from gulls does not qualify as a statutory nuisance.
17. The Council also advised Mrs X that it does not have a statutory responsibility to develop a strategy about the management of gulls. The Council said it planned to introduce wheelie bins, which it hoped would help by reducing the amount of rubbish accessible to the birds.
18. Mrs X complained to the Council in October 2024. Mrs X said a falconer was used previously as a deterrent and asked the Council to consider this again. The Council advised it had no record of previously employing a falconer and would not do so now. It also explained it does not have powers to instruct landowners to take measures against nesting gulls, although the Council agreed to contact local businesses to offer advice on waste storage.
19. In January 2025, Mrs X asked the Council for an update and to resume her complaint. The Council responded to Mrs X’s complaint in February 2025 and reiterated its position that it did not have statutory duty to take further measures.
20. The Council apologised to Mrs X that it had not written to local businesses as agreed. The Council wrote to local businesses in March 2025 with advice about waste storage.

Analysis

21. Natural England recommend that councils have a strategy in place for managing gull populations, but this is not a statutory duty. Gulls, like other wild birds, are protected by law and not considered pests, and the Council does not have the power to mandate the actions of local land or business owners to deter nesting birds.
22. There is no evidence the Council previously employed a falconer. Even if it had, it is not required to do so, and there is no fault in the decision not to employ one now. Noise from birds is not considered to be a statutory nuisance so the Council is unable to use its powers under that legislation.
23. There was a delay between the Council agreeing to write to local businesses and sending the letters. However, the impact of this delay was not significant. There is no evidence of fault in the way the Council has responded to Mrs X’s concerns or complaint.

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Decision

24. I find no fault in the actions of the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman