Trafford Council (23 015 974)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 24 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a claim of flooding resulting from blocked highway drainage. It is reasonable for Mr X to make a claim against the Council’s insurance and seek a remedy in the court if no liability is accepted.
The complaint
- Mr X complained about flooding to the cellar of his premises due to blocked highway drainage. He says equipment was damaged and he wants the Council to pay compensation.
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 the information provided by the complainant and the Council’s responses.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says his cellar was flooded following run-off from the highway drains which he believes are blocked. He complained to the Council and it investigated. Its engineers found no blockages to the highway drains and the Council told Mr X that it believed the flooding came from private downpipes and the public sewer which is on private land. The utility company would not provide it with data on the sewerage system without Mr X’s permission as he is the landowner.
- The Ombudsman will not normally investigate complaints about damage to property or injury to people arising from claims of negligence. Negligence claims and interpreting the law around legal torts are generally best decided by a court where no insurance liability is accepted. Only a court can decide whether the problem should have been dealt with by the council before it caused you harm or if the council is liable to pay “damages” for the loss or injury you have suffered.
- In this case Mr X could submit an insurance claim but if liability is not accepted he would need to seek a remedy in the courts.
Final decision
- We will not investigate this complaint about a claim of flooding resulting from blocked highway drainage. It is reasonable for Mr X to make a claim against the Council’s insurance and seek a remedy in the court if no liability is accepted.
Investigator's decision on behalf of the Ombudsman