Summary: Mr X complained the Council has failed to take action to prevent ground water from building up near his property. We have not found fault in the Council’s actions.

The complaint

1. Mr X complained the Council has failed to take action to prevent ground water from building up near his property. Mr X says the water is running across the pavement causing mould, smells and mess. The public are using Mr X’s driveway to pass the water meaning he is regularly having to clean his driveway and the pavement. Mr X would like the Council to take action to prevent the ground water from building up near his property.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an organisation’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)

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How I considered this complaint

4. I discussed the complaint with Mr X and considered the information he provided.
5. I made enquiries of the Council and considered its response.
6. Mr X and the Council had an opportunity to comment on the draft decision. I considered any responses I received before making a final decision.

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What I found

Legal and administrative background

7. Council powers relating to flooding and land drainage are non-mandatory; so the various bodies involved do not have a duty to take action. They have to prioritise work based on need and take action using public funds when they consider it is justified to do so.

What happened

8. In late 2023 water began coming out of a utility box outside Mr X’s home. The utility company confirmed the water was not caused by the box and was not its responsibility.
9. In January 2024, the local water company completed an investigation which confirmed there were no internal or underground water leaks on Mr X’s property. They advised Mr X the issue was likely due to groundwater and therefore it was a Council issue.
10. Mr X contacted the Council about the water and the impact on his property. The Council completed investigations and wrote to Mr X in May 2024, advising the water appeared to be coming from the utility box. The Council told Mr X they had referred the matter for the water company to review and advised him to contact his insurance company.
11. Mr X complained to the Council in May 2024. The Council issued a response which repeated its previous findings the water had nothing to do with highway drainage and Mr X should contact his insurance company.
12. Mr X raised his complaint to stage two in May 2024. The Council responded in June 2024 and partly upheld the complaint. The stage two complaint response said the issue had been passed to the Council’s flood management team and was logged for future investment consideration.

My findings

13. There is no fault in the Council’s actions. It has completed an investigation and found there is no readily obvious drainage solution for the groundwater which Mr X complained about. The Council have logged the water as a continuing issue with its flood management team for future investment consideration.

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Final decision

14. I have completed my investigation. I have not found fault in the Council’s actions.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman