Summary: We will not investigate Mrs X’s complaint about the Council not having its own pest control service so not dealing with rats at her property. There is not enough evidence of fault by the Council to warrant us investigating. We also cannot achieve the outcome Mrs X wants.

The complaint

1. Mrs X complains the Council:
1. does not provide its own pest control service;
2. has failed to deal with a rat infestation in a nearby shrubbery it owns.
2. Mrs X says rats are in the shrubbery. She says the rats go into her and her neighbours’ back gardens and are seen in the road during the day and night. Mrs X considers the Council is failing in its health and safety duty. She wants the Council to provide a pest control service as other local councils do.

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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 from Mrs X, relevant online maps and images, and the Ombudsman’s Assessment Code.

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My assessment

5. Some councils have pest control officers. The services they provide may be free or chargeable, often dependent upon the kind of service being sought. There is no statutory duty on councils to provide pest control services; their decision on whether to do so is a discretionary one made by each council. This Council decided to close its pest control service after an internal review.
6. There is not enough evidence of fault by the Council in its decision to no longer provide a pest control service. We recognise other councils choose to use their resources differently and continue with those services. But that does not mean this Council not choosing to do the same amounts to fault. It is for individual councils to decide how they use their resources.
7. The outcome Mrs X wants from her complaint is for the Council to restart its pest control services. We cannot order councils to provide a discretionary service it has chosen to end. That we cannot achieve the outcome Mrs X seeks is a further reason why we will not investigate.
8. We understand Mrs X says the rats live in a shrub owned and maintained by the Council near her property. She says the Council has not controlled the shrub’s growth and removed litter, which she considers has provided a home and food for the rats. The maintenance and litter-picking role remains with the Council. Mrs X may wish to make a request to its officers for those services. It would be for the relevant officers to determine what maintenance or cleansing work is required if it is requested.

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Final decision

9. We will not investigate Mrs X’s complaint because:
• there is not enough evidence of fault by the Council to warrant us investigating; and
• we cannot achieve the complaint outcome she wants.

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Investigator's decision on behalf of the Ombudsman