The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to damage to the complainant’s property caused by badger activity. This is because there is no evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains about the Council’s response to damage to his property caused by badgers that live on its land. He wants the Council to obtain a licence to carry out works to prevent further damage.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered information on the Gov.uk website in relation to Badger Licences.
I considered the Ombudsman’s Assessment Code.
My assessment
Badgers and their setts are protected by law, however, licences to interfere with setts can be obtained from Natural England if damage caused is, or is likely to become, serious.
Mr X’s property was damaged by badger activity on adjoining Council owned land. He complained to the Council about the damage. He wants the Council to repair the damage and accept responsibility to obtain a licence to carry out preventative works to stop the badgers. He contends that it has a moral responsibility to do so.
The Council spoke with Natural England and offered guidance to Mr X, stating no one was legally responsible for the damage so it did not intend to pursue a licence, but if he wished to, it would give written authorisation as landowner. Mr X does not accept the Council’s position.
There are no grounds for the Ombudsman to pursue Mr X’s complaint. The Council considered his request and has decided that it will not obtain a licence. This decision is reasonable in the circumstances of the case – there is no evidence of fault in the way it was made. We cannot intervene to criticise it or to substitute an alternative view.
If Mr X wishes to pursue legal liability for the damage to his property, it would be reasonable for him to do so in court. We cannot establish whether any party is responsible as this is something only the courts can decide definitively.
Final decision
We will not investigate this complaint. This is because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman