There are no laws that the council can effectively use to stop people feeding wild birds. This webpage provides information on what steps you can take yourself to try and resolve problems associated with neighbours feeding wild birds and details of what is required for a complaint to be investigated.
Legislation and first steps
There are no laws that the council can effectively use to stop people feeding wild birds, especially if the birds are being fed on someone's own land, such as their garden. If your neighbour is a tenant, such behaviour, especially on communal grounds, may be covered by tenancy agreement rules and you should contact the Housing Association Provider or the landlord to report the issue.
Environmental Health may be able to take action in significant and excessive cases, where rotten food waste is accumulating or the bird feeding can be shown to be the cause of an infestation of rats or mice. However it should be noted that rat populations across Wirral are dynamic in nature and it is not always possible to directly link rat activity to any one particular factor. Rat populations need food, water and shelter and may travel significant distances to obtain all that they need to survive.
If the feeding is simply causing nuisance from droppings or noise this is a private matter between neighbours and the council cannot assist.
If you are being affected due to a bird being stuck under a solar panel this would again be a private matter and the council cannot assist. Speak to your neighbour and advise them of the issue and that they should contact their solar panel supplier to seek removal of the bird.
Many people do not realise that they may be causing a problem. Try approaching your neighbour to explain the problems that are being caused, and ask them to reduce the amount of food they provide in order to reduce the number of birds that are attracted. A gradual reduction in food will not cause the birds to starve. They will seek food elsewhere and reduce their breeding naturally. In this way populations can be humanely reduced. If you feel unable to speak with your neighbour consider writing them a letter. This may be enough to resolve your complaint
Can wild birds such as pigeons be a health hazard?
Many people become concerned that pigeons pose a health hazard to humans. Just like other birds, pigeons can suffer from some diseases that affect humans however, the actual risk of disease transmission is negligible. The risk is only increased for those people whose hobbies or jobs bring them into close and regular contact with large numbers of birds and droppings. Although accumulations of droppings can be unsightly where they are found outside in the general environment any associated risks are significantly reduced.
What else can you do
Please note all wild bird species, their nests and eggs are protected by law, and it is illegal to destroy or interfere with them except under licence.
Seek the advice of a pest control contractor to:
- employ rodent prevention measures such as; identifying any pest entry points into your garden e.g. rat burrows and taking steps to suitably block these off
- carry out baiting for rats and mice
- employ bird prevention measures on your own property such as; spikes, netting etc. to discourage roosting. Further information on prevention measures can also be found in the Natural England Wildlife Management Advice Note. This provides guidance on the legal methods that can be used to help manage certain wild birds lawfully, without the need for a licence
What you need to know before we investigate
If you’ve followed the advice above and this has not resolved the problem you will need to provide us with evidence that your neighbour is undertaking excessive feeding and/or there are accumulations of rotten food waste. You can do this by providing us with photographs or video footage of the feeding/accumulations and by keeping diary records for a minimum of 14 days.
Please note photographs of rats or mice on your land doesn’t assist officers in proving the source of any infestation.
We will make every effort to maintain your anonymity, but you need to be aware that the person you are complaining about can sometimes work out who has complained.
Completed diary sheets are an important part of the investigation and can be used as evidence in any formal action that might be taken. Please read the instructions on the diary sheets carefully. It is important that you provide enough information in the diary sheets for the investigating officer to make an assessment about whether the conditions meet the threshold of any statutory obligations. Without enough information in the diary sheets, we may not be able to investigate your complaint further.
Completed diary sheets can be returned via email to: environmentalhealth@wirral.gov.uk or by post to:
Environmental Health
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
We would encourage you to return the diary sheets by email. It may also be advisable for you to keep a copy of the diary sheets for your own records.
If following your complaint you do not return your diary sheets within 6 weeks, we will be unable to progress your complaint and your case will be closed.
The PDF file may not be suitable to view for people with disabilities, users of assistive technology or mobile phone devices.
What happens once you’ve provided evidence of the problem?
Once we receive your evidence it will be allocated to an officer who will carry out an assessment to determine whether the conditions meet the threshold of any statutory obligations; the officer will assess the information you have provided and consider the following:
- presence of accumulations of rotten food waste
- the level and type of feeding
- how often the feeding takes place
- whether any aggravating characteristics are present
- the characteristics of your location
- the number of persons affected
- how it affects you
If the information provided demonstrates that rotten food waste is accumulating or excessive bird feeding is likely to be the cause of an infestation of rats or mice the officer will then look to further investigate. In most cases we will write to the person who is feeding the birds, providing general advice. In many cases this will resolve the problem. We will let you know when we have written. If you don’t contact us within 6 weeks we will assume the letter has been effective and your case will be closed.
What happens next
If you’ve contacted us within 6 weeks, to advise you are continuing to be affected, then an officer will need to visit to monitor the conditions that you are experiencing.
Monitoring can be undertaken by officers visiting your property, both internally and externally; by visiting the general area if visibility of the conditions is readily accessible; or by visiting the source. Which type of monitoring will be used will be determined on a case by case basis and may consist of a combination of the different monitoring types. If you deny us access to assess the conditions you are experiencing we may be unable to investigate.
Officers will use your diary sheets to help determine the type of monitoring that is most suitable and the best times in which carry it out. In most cases officers will only undertake a maximum of up to 3 monitoring visits, in an attempt to witness the extent of the feeding/accumulations.
What happens after monitoring
An officer will assess all the information collected as part of the monitoring and throughout the investigation of your complaint.
If in the officer’s professional opinion a statutory threshold has been met, the person causing or responsible for the accumulations/excessive feeding will be served with a legal notice.
At any stage during the investigation, if in the officer’s professional opinion, they determine that a statutory threshold has not been met, we will advise you.
What happens if the Environmental Health team are unable to take any further action
You that you can take your own private action via the Magistrates Court under Section 82 of the Environmental Protection Act 1990. This process can be carried out without legal advice, but we would advise you to speak to a solicitor. If you wish to consider this route, there are a number of key stages that you will need to follow including:
- Write to the source feeding the birds, informing them of the type of disturbance/nuisance you are suffering and that you intend to seek legal advice if the conditions continues.
- Keep a record of evidence to show; a description of the nuisance; when it occurs; how long it lasts and how it affects you e.g. diary sheets.
- Write to the source feeding the birds, giving them at least three days notice of your intention to proceed to the Magistrates Court.
- Contact the Clerk to the Justice at the Magistrates Court who will arrange a time for you to visit the court to show the evidence to a Magistrate. Contact details:
The Court Manager,
Wirral Magistrates’ Court,
Chester Street,
Birkenhead,
CH41 5HW
Email: me-wirralcrime@justice.gov.uk
Telephone: 0151 285 4100 - The magistrates' court decides what action can be taken.
The burden of proof for taking a civil case of nuisance is a much lower benchmark than which we have to demonstrate under statutory legislation.
Read about taking private action – Section 82 of the Environmental Protection Act 1990
I've been told that by feeding the birds I may be causing a nuisance or pest problem - what can I do?
Regular or excessive bird feeding can:
- attract mice and rats. Rats and mice have a preference for starch-based seeds and this is exactly the product which most people supply in quantity for garden birds
- cause noise and fouling problems for neighbours especially if larger birds such as crows and pigeons are attracted to the area
- attract lots of feral pigeons to one location which deters the smaller birds from feeding
- cause a build-up of bird droppings to occur that are unsightly and which can corrode stonework and metal, causing damage to buildings
- cause guttering and drains to become blocked from a build up of droppings, nesting materials and/or dead birds which subsequently causes water damage to property
- can actually cause harm as it can cause overcrowding at feeding sites, and promotes the spread of disease among birds
To prevent careless or excessive feeding:
- never feeds birds or other animals by placing food directly on to the ground
- use a feeder and position it carefully so rodents cannot reach it
- use a catch tray on your bird feeder so food does not fall onto the ground where rats and mice can access it. Clean up any spilt seed from the ground every day
- only put out small amounts of food and do not overstock bird tables as rodents can often reach them
- feeding should be confined to the middle of the day and food should never be left out overnight
- do not dump food scraps in your garden as birds are unlikely to eat it, but rats and mice will. Only use appropriate bird seed or fat balls
If you notice rats or mice in your garden you are advised to stop feeding the birds and seek the advice of a pest control contractor.
If bird feeding is attracting pigeons, gulls and larger birds to your garden you should stop feeding the birds. This may also allow the smaller garden birds to return.
Consider how you are feeding wild birds and reduce the amount of food you are providing in order to reduce the number of birds that are attracted. A gradual reduction in food will not cause the birds to starve. They will seek food elsewhere and reduce their breeding naturally. In this way populations can be humanely reduced.