Lichfield District Council (24 010 346)
Category : Environment and regulation > Health and safety
Decision : Closed after initial enquiries
Decision date : 12 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Council’s actions following a report of rats coming from her property. This is because the investigation resulted in the Council issuing her a legal notice, which it is reasonable for her to appeal at the Magistrates’ Court.
The complaint
- Mrs X complains that a Council investigation wrongly concluded her property was the source of reported rats in the area. She says Council officers are harassing her and causing distress. She wants the Council to stop harassing her, apologise and compensate her for the stress caused.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council received reports that rats were coming from Mrs X’s property and investigated. As part of its investigation, it asked Mrs X to remove domestic waste to reduce the risk of infestation. Mrs X disputed that the rats were coming from her property and refused to remove the waste.
- Following its investigation, the Council concluded that rats were coming from Mrs X’s property and began enforcement action. It issued a legal notice under the Prevention of Damage by Pests Act 1949, requiring her to remove the domestic waste.
- If Mrs X disagrees with the notice, she has the right to appeal this notice at the Magistrates Court. As a result, we will not investigate Mrs X’s complaint because it is reasonable for her to take the matter to court.
Final decision
- We will not investigate Mrs X’s complaint because it is reasonable for Mrs X to appeal to the courts.
Investigator's decision on behalf of the Ombudsman