Summary: We will not investigate this complaint about how the Council has dealt with her complains regarding flooding from a neighbouring property. This is because the Council is has no powers to require the neighbour to remove a water butt and downpipe and it is not responsible for drains serving the property.

The complaint

1. Miss X complains her neighbour has caused flooding to her property due to an incorrectly installed water butt and downpipe. She says this may cause damage to her home and the Council will not take action.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with 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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has no powers to deal with flooding arising from flooding caused by Miss X’s neighbours downpipe and water butt. There is no requirement for the neighbour to get planning permission for this work and the Council is not responsible for drains serving the properties. Therefore, there is no evidence of fault by the Council and so we will not investigate this complaint.

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Final decision

6. We will not investigate Miss X’s complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman