The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take enforcement action regarding Mrs X’s neighbour and the condition of their gardens. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mrs X complained the Council has failed to take enforcement action against her neighbour’s overgrown gardens. She further complained the garden’s condition has created a rat infestation.
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 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X has made several complaints to the Council about her neighbour’s overgrown gardens. Most recently, she complained the garden is overrun with rats and this has caused her distress.
The Council wrote to Mrs X’s neighbour to arrange access and visited the site with a pest specialist several times. The specialist did not find evidence of significant rat activity. The Council also carried out separate visits to inspect the garden’s condition and found it had improved since the last inspection some years ago. The Council told Mrs X it did not consider it necessary to take enforcement action regarding the gardens.
Mrs X remains unhappy with the Council's decision and wants us to find it at fault. The Council has conducted a thorough investigation into Mrs X’s complaint and decided enforcement action is not warranted. There is no evidence of fault in the way the Council made this decision.
Final decision
We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman