Summary: Mr X complained about the Council’s actions and delays regarding flooding on his property due to blocked drainage on the road. He said communication from the Council has been poor. Mr X said this frustrated and distressed him and damaged his property. There was fault in the way the Council took too long to resolve this issue and communication from the Council was poor. This frustrated Mr X. The Council should apologise, make a financial payment and consider how often the gullies need cleaning.

The complaint

1. Mr X complained about the Council’s actions and delays regarding flooding on his property due to blocked drainage on the road. He said communication from the Council has been poor. Mr X said this frustrated and distressed him and damaged his property.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
4. 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)
5. I have exercised discretion to consider events in this case back to September 2022, when Mr X first reported the issues, due to the delays in this case.

Back to top

How I considered this complaint

6. I read Mr X’s complaint and spoke to him about it on the phone.
7. I considered information provided by Mr X and the Council.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Background information

9. Council highway authorities have a duty under the Highways Act 1980 to ensure the highway is kept clear for the free movement of traffic and pedestrians. This includes maintaining drainage to prevent the carriageway from being obstructed by standing water. This duty relates only to the drainage of the highway itself and does not extend to adjacent land or buildings.
10. Landowners are normally expected to make provision for their own drainage and any damage caused by run-off from the highway would be a civil matter, which would involve the affected owner submitting a claim against the highway authority.
11. The Council highway maintenance manual confirmed reactive inspections would normally be carried out before the end of the next working day on strategic routes and main roads. The manual confirmed all other roads would be inspected within seven days.

What happened

12. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
13. Mr X reported a blocked drain on the road outside his property in September 2022. He said the water is backing up onto his property. The Council noted it sent out an officer to clear the gully by hand.
14. In October 2022, Mr X chased a response to the September 2022 report. He thought the officers had gone to the wrong address and asked for a return call. The Council noted it had been out to the property and ensured the pipes were clear.
15. Mr X reported the issue to the Council again at the start of January 2023. He stated the Council did visit his property following him chasing his request, but said it was unsure if it was a highways issue and would confirm. The Council recorded it had a long waiting list and would empty the gullies when it could.
16. Mr X reported the issue to the Council again at the end of January 2023. He said he thought the issue was from a Council owned site on the other side of the road. Mr X asked the Council to resolve the issue and asked for a return call.
17. Mr X chased the Council in May 2023 and asked for a return call. He told the Council it had visited the wrong address previously.
18. Mr X chased the Council again in September 2023. He was unhappy the Council had not resolved the issue for over a year and had not responded.
19. Mr X chased the Council again in October 2023. He confirmed the Council visited since his last report in September 2023, but the issue is still happening with water backing up onto his property. The Council noted it visited but could not access the site where the drain covers were.
20. Mr X complained to the Council in February 2024. He said the issue was getting worse and the Council had not resolved it. Mr X also complained about the lack of communication.
21. After the complaint, the Council sent an officer to visit Mr X. The Council noted the pipe running into the drain appeared to be private as it was not on any of its records. The Council noted it appeared the blockage was further down the pipe and causing minor flooding at the bottom of Mr X’s property. The Council agreed to bung the pipe to stop water backing up onto Mr X’s land.
22. The Council responded to Mr X’s complaint in March 2023. The Council partly upheld the complaint. It was satisfied officers attended the site following Mr X’s reports of issues. The response said the issue under the council owned site was the responsibility of the housing department, not the highways department. The Council said it intended to bung the pipe but accepted the time from the original report until this action was not acceptable.
23. The Council fitted the bung to Mr X’s pipe in August 2024.
24. Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to resolve the issue.
25. In response to my enquiries the Council stated it tried to clear the drainage system and has now fitted a bung to the pipe. The Council confirmed it was not responsible for the water coming from private land and there was no flooding issue that would need a repair to the system.

My findings

26. The Council records show Mr X reported the issue to the Council for the first time in September 2022. The Council recorded five reports from Mr X. However, one of these records was kept open for nine months, with several other contacts in this time.
27. The Council recorded it went out to the road by Mr X’s home to clear the gullies. However, several of the records detailed the wrong location on the map. It is not clear if the Council completed work at the correct location.
28. The Council decided not to take further action to investigate the issue under its land. It confirmed the highway was not flooding enough to need a repair. This is a decision for the Council to make. The Council has now fitted a bung to the pipe from Mr X’s home. It confirmed this stops water backing up onto his property.
29. However, Mr X has been pursuing this issue for nearly two years. The Council accepted this delay was fault in its complaint response. This frustrated Mr X over a long period of time.
30. Mr X complained about poor communication. I have seen the Council recorded several requests from Mr X asking for a call to discuss this matter. The Council has not evidenced it spoke to Mr X about this issue for approximately one year. At the end of 2023, it evidenced contact, met Mr X and agreed to place the bung in the pipe. This lack of communication is fault and added to Mr X’s frustration.

Back to top

Agreed action

31. To remedy the outstanding injustice caused to Mr X by the fault I have identified, the Council has agreed to take the following action within 4 weeks of my final decision:
• Apologise to Mr X for the fault identified in this case. This apology should be in accordance with the Ombudsman’s guidance Making an effective apology.
• Pay Mr X £250 as an acknowledgement of the frustration the Council fault caused.
• Consider how often the gullies need cleaning.
32. The Council should provide evidence of the actions taken to satisfy the recommendations.

Back to top

Final decision

33. I have completed my investigation. I have found fault by the Council, which caused injustice to Mr X.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman