The Ombudsman's final decision
Summary: We will not investigate this complaint about pest control. This is because there is not enough evidence of fault to justify investigating the complaint.
The complaint
Miss Y complains the Council has failed to act sufficiently to stop rats breeding in her neighbour’s septic tank. Miss Y says she has treated the rat problem several times, but the rats return as they are attracted by the drainage system, which she says they are breeding within.
Miss Y is distressed by the repeated rat problem and worries about putting down poison because of its affect on wildlife and the risk to her dog.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered the information Miss Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y’s property has a large garden, in which is her septic tank and a separate tank for her neighbour’s property. The neighbour has a right to access the land where the septic tank is placed for maintenance and inspection.
Miss Y says the neighbour’s septic tank is partially above ground and therefore attracts rats. She has had an ongoing problem with rats for several years, which she has dealt with through pest control measures, but the problem is getting increasingly worse. Miss Y believes that the rats are breeding from within the tank.
Miss Y complained to the Council about the rat problem in April 2021. The Council came and inspected the land in April and May and asked the neighbour to have the septic tank inspected to check for problems with the pipes or the tank itself. The neighbour arranged an inspection by drainage specialists in November. This found there were not defects in the pipes or the tank itself, which means the tank remains sealed.
The Council wrote to Miss Y in January 2022, explaining that as the neighbour had carried out the drainage survey and found no defects, it could not act further in the matter. It suggested that if Miss Y wanted the septic tank to be removed, she could seek legal advice. Miss Y then asked us to investigate.
Analysis Councils have the power to issue notices to landowners to take steps to destroy rats or to take action to keep the land free from rats. Such notices can require treatment such as poison to be laid or to carry out structural repairs as needed.
The Council has inspected Miss Y’s land on several occasions and asked the neighbour to have a specialist inspection on the pipework and septic tank. This found no defects. Consequently, the Council is not able to issue a notice for the repair of the septic tank as it does not appear to be damaged.
While Miss Y has complained about the rat infestation, it is her as the landowner on which the rats have been seen, who is responsible for keeping the land free from rats, rather than the Council.
However, as the Council has considered the issue properly, in making a site visit and having the septic tank inspected, there is not enough evidence of fault to justify investigating the complaint. Consequently, we will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman