Summary: We will not investigate this complaint about pest control on land close to Mr X’s property. This is because there is no evidence to suggest fault by the Council and because past events fall outside our jurisdiction due to the passage of time.

The complaint

1. Mr X complains the Council has breached its statutory duty under section 2 of the prevention of Damage by Pests Act 1949 because it has failed to take steps to keep its area free from rats and mice. He says he has been paying for his own private treatment for years and wants to be compensated and action taken.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council, including its response to the complaint.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The restriction highlighted at paragraph 3 applies to events from previous years when Mr X says he paid for his own pest control. As we would reasonably have expected him to have complained to us sooner, we will not investigate these past events now.
8. Under the Prevention of Damage by Pests Act 1949 the occupier or owner of land must keep their land free of rats and mice. Mr X recently approached the Council about the matter and it advised him that the County Council is responsible for the land in question and that he should report the matter directly to the County Council.
9. The Council has signposted Mr X to the body responsible for the land and it is open to him to follow up on the matter with that body.

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Final decision

10. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council and because past events fall outside our jurisdiction due to the passage of time.

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Investigator's decision on behalf of the Ombudsman