Summary: We cannot investigate this complaint about rubbish in a Council home garden causing pest issues. This is because we have no power to investigate a council when it is acting as a social housing landlord.

The complaint

1. Mr X reports ongoing pest problems, caused by waste in a neighbouring garden of a Council-owned property. He says the Council started enforcement action but did not progress it promptly or take further steps, causing him significant distress. He wants the Council to remove the waste using its enforcement or landlord powers.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
3. 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 or continue an investigation if we decide we could not add to any previous investigation by the organisation. (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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained about a neighbouring Council-owned property where an overgrown garden and built up rubbish was attracting rats.
7. The Council’s Repairs Team attended the property and blocked access points to prevent rats entering the property. Although this stopped rats getting inside Mr X’s home, the rubbish remained and he continued to see rat activity outside. The Housing Department then started tenancy enforcement action to address the problem. Mr X said the Council should have taken this action earlier.
8. The Council accepted that it did not respond promptly and poor internal communication caused confusion over who in the Council was responsible. The Council apologised to Mr X for the delays, lack of clarity, and communication failures, agreed actions to resolve the issue, and offered him small remedy payment in recognition of the injustice caused by its faults.
9. Mr X complained to us because the problem continued, despite the Council upholding his complaint and agreeing actions to address it.
10. We cannot start an investigation because the management of the garden is the responsibility of the Council’s housing service and we have no power to investigate a council when it is acting as a landlord and carrying out housing management functions.
11. Since Mr X made his complaint to us, the Council has confirmed it has taken action to clear the rubbish in the neighbouring garden. While we will not investigate, the Council’s action has achieved the outcome Mr X was originally seeking when he brough his complaint to us.

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Final decision

12. We will not investigate Mr X’s complaint because we have no power to investigate a council when it is acting as a social housing landlord.

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Investigator's decision on behalf of the Ombudsman