Summary: Miss X complains the Council was at fault in the way it responded to her requests to clean pigeon mess from the balcony of a flat she occupied as temporary accommodation. We found fault as the Council delayed in responding to the request and wrongly informed Miss X it was her responsibility when responding to her complaints. The Council has agreed to make a payment to Ms X for the distress caused and to make service improvements, so we are completing our investigation.

The complaint

1. Miss X complains the Council has failed to deal effectively with nuisance from pigeons on her balcony. As a result, Miss X says she and her children could not use her balcony and the situation was a health hazard.

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The Ombudsman’s role and powers

2. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’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 have read the papers submitted by Miss X and we have spoken to her about the complaint. I considered the Council’s comments on the complaint and the supporting documents it provided.
5. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. The Council carried out a void clean to an empty flat in March 2019. The void notes refer to the need for a ‘balcony clean’ among other work and repairs. An officer signed the works off as completed. The Council provided Miss X with the flat in May 2019 as temporary accommodation when she and her family became homeless.
7. Miss X occupied the flat under a Licence Agreement with the Council. Under the section on looking after the property it says Ms X must take care of everything in the property and keep it clean.
8. Miss X complained to the Council in June 2019 that pigeons sat, nest and roost on the balcony in front of the living room. The balcony was covered with pigeon droppings so she and her children could not use the balcony because of the nuisance and health risk. She said the mess was there when she viewed the property before moving in. Miss X says the officer who conducted the viewing of the flat advised her to ask the Council to clean the pigeon droppings from the balcony.
9. Officers in the Temporary Accommodation service sent the complaint to the Temporary Accommodation Property Service (TAPS) to deal with the issue. Officers called Miss X to advise of the action and raised an ad hoc job for the balcony clean on 28 June 2019. The job was recorded for completion by 9 July 2019.
10. Miss X called again in July 2019 about the balcony clean. Officers advised TAPs would be in contact with her and she needed to be at the property to allow access to the balcony. Miss X complained to the Council in August 2019 the balcony had not been cleaned and she could not use it due to pigeons and nests. Officers sent a reminder to TAPS about the balcony clean.
11. In September 2019, an officer emailed the contractors used by TAPS to chase up the job for the balcony clean. The contractor responded it had been trying to contact the tenant for weeks to arrange access but had been unsuccessful. TAPS asked for the best contact details for Miss X.
12. Miss X called again in October 2019 about pigeon mess on the balcony as she was unhappy it had not been cleaned. Ms X asked for a call back from a manager. Officers updated a telephone number for Miss X and asked TAPS to arrange for the balcony to be cleaned. Officers advised Miss X it had been raised with TAPS.
13. In November 2019 Miss X complained to the Council again about problems caused by the pigeons nesting on the balcony. Miss X said the balcony was covered in a thick layer of excrement, debris was blowing into the flat due to ill-fitting doors and she could not open windows or use the balcony. Miss X raised the matter as a formal complaint at stage 1 of the Council’s complaints procedure.
14. TAPS chased up the balcony clean with the contractor who advised they had still repeatedly been unable to contact Miss X.
15. TAPS later reported contact from Miss X who had called to say someone had been to clear the balcony and put up a net to stop the pigeons returning. But could not finish the job because of a nest with eggs in it on the balcony.
16. The Council says the job raised with the contractor was for a balcony clean. There was no description of putting netting up as the Council does not do this due to many birds becoming trapped and perishing.
17. The Council says that TAPS later reported the contractor advised they finished the job on 13 November 2019 with notes to say there were baby pigeons.
18. The Council responded to Ms X’s complaint at stage 1. It said it would not have let the property to Ms X in the condition she alleged. It quoted tenancy conditions saying a tenant must take ‘reasonable steps to keep the property, garden and communal areas free from pests.’ The Council said it was Miss X’s responsibility to remove the pigeons and she should employ a suitable cleaning company to do it.
19. Miss X contacted the Council three times in December 2019 about pigeon mess on the balcony and to report a dead pigeon. A TAPS officer contacted the contractor to chase up the situation with the job and asked if the balcony had been cleaned.
20. Miss X reported two dead pigeons on her balcony in February 2020. An officer contacted TAPS and it agreed to investigate the matter. TAPS contacted the contractor to chase the job up again. It advised Miss X TAPS had raised a job for her balcony to be cleaned. It accepted there appeared to have been a delay as its call centre cannot raise these types of requests. It said that once the job was raised the contractor could not contact Miss X on her mobile. The service hoped the contractor had made contact and the works arranged.
21. Miss X remained unhappy at the Council’s response and it was reviewed at stage 2 of the Council’s complaints procedure in February 2020. The complaint was considered, and a response sent confirming the outcome of the Stage 1 investigation and it was Miss X’s responsibility to remove the pigeon mess and dead birds.
22. The Council advised Miss X left the property in April 2020 having secured permanent accommodation.

The Council’s comments on the complaint

23. The Council says the TAPS was aware a balcony clean was required and requested it take place at the void stage before the property was let to Miss X.
24. It says an officer would not have advised Miss X to ask the Council to clean the balcony. This is because balcony cleans are part of the void process and referred to the Voids team. Otherwise the temporary accommodation service would raise an ad hoc report to the contractor to have the balcony cleaned if the mess occurred after the void was handed back clean. So, the Council considers the issue of pigeons occurred after the general clean-up of the void in this case.
25. The Council accepts it had responsibility to clean the droppings and nests before Miss X moved in and take action to deter the pigeons. This is because the action goes beyond the ‘reasonable steps’ it expects an occupant of temporary accommodation to take for a pre-existing problem.
26. The Council accepts that while TAPS chased the clean, it did not happen due in some part to the lack of contact by Miss X. But also TAPS failure to escalate and the contractor’s failure to take swift action. The Council says the rest of the property was in good condition when let to Ms X.

My assessment

27. The documents provided by the Council show that a balcony clean was requested as part of the void works and signed off by an officer as completed in March 2019. So, on the balance of probabilities I am satisfied the balcony clean was carried out during the void works. It seems the pigeon mess occurred after that and before the Council let the flat to Miss X.
28. The Council responded to Miss X’s complaint in June 2019, raised a job and passed it to a contractor to complete by July 2019. Miss X then had to call many times as recorded in the Council’s documents, so it is clear the Council did not carry out the work. The Council accepts it did not carry out the works quickly enough. But it says part of the delay was due to lack of response to the contractor’s calls by Miss X. The Council has not provided any evidence to show the calls made to Miss X. There is also no evidence to show she was advised this was an issue until February 2020 despite her regular contact with the Council.
29. I consider the delay by the Council in carrying out the balcony clean in June 2019 is fault. It has caused an injustice to Miss X as she had to live with the inconvenience and distress of having a balcony covered in pigeon mess. Miss X was also unable to use the balcony from May 2019 to April 2020.
30. The Council’s response to Miss X’s calls show there was some confusion over whether the works had been carried out in November 2019. I consider there was also a lack of follow up by TAPS, despite the job having a completion date of July 2019. It is still unclear when the works were completed. I consider there was inadequate recording and monitoring of the works and this is fault by the Council. I consider it caused an injustice to Miss X as she had to keep contacting the Council to chase up the work. The inadequate recording also meant the Council did not ensure it completed the works within the specified completion date.
31. The Council’s response to Miss X’s stage 1 complaint wrongly refers to a tenancy agreement saying it was Miss X’s responsibility to carry out the works to clean the balcony. Miss X had not signed such an agreement which was for a permanent tenancy. Miss X was living in the flat under a licence agreement as temporary accommodation. Although this needed her to keep the flat clean it does not give her the responsibility to keep it clear of pests. The Council has clearly accepted it had a responsibility to do this as it raised a job to clean the balcony in June 2019.
32. I consider the Council was at fault in its response to Miss X as it wrongly advised it was her responsibility to remove the pigeons and mess. I consider this caused an injustice to Miss X as she was given the wrong information and caused confusion. It also meant she was caused time and trouble in having to continue to pursue her complaint.

Agreed action

33. To remedy the injustice, I have identified above to Ms X, the Council has agreed to:
• Apologise to Miss X for the delay in carrying out the works to clean the balcony of the flat and respond correctly to her formal complaints about the matter.
• Pay Miss X £250 for the inconvenience and distress caused by the delay in carrying out the works to clean the balcony and her time and trouble in pursuing her complaints.
• Review the record keeping of its TAPS service to ensure repairs are followed through and completed within the specified timescales.
34. The Council has agreed to carry out these actions within one month of the date of my decision.

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Final decision

35. I am completing my investigation. The Council was at fault in the way it responded to Miss X’s request to clean pigeon mess from the balcony of a flat she occupied as temporary accommodation. I have recommended a suitable remedy in this case.

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Investigator's decision on behalf of the Ombudsman