Summary: We will not investigate this complaint about the Council failing to investigate a statutory nuisance about rats. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr S made a complaint on behalf of Mr R about rats in a nearby field. Mr R sanitised his home but Mr S says as the Council have not intervened the problem with the rats remains.
2. Mr S would like the Council to exercise proper pest control and pay compensation for the sanitisation of Mr R’s home.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:
• there is not enough evidence of fault to justify investigating; or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr S and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has a duty to take such steps as may be necessary to secure so far as practicable that their district is kept free from rats and mice.
7. Once the Council had verified where the rats were coming from with Mr S, it said it was likely the rats and properties affected were in a neighbouring Council.
8. It referred the matter to the relevant council to undertake its investigations. There is insufficient evidence of fault by the Council to warrant an investigation.

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Final decision

9. We will not investigate Mr S’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman