Summary: We will not investigate this complaint about highway repair and maintenance because the courts are better placed to consider the complaint.

The complaint

1. Mrs Y complained the Council has been negligent as they have failed to install adequate drainage, causing the property to flood, causing damage to it.
2. Mrs Y says the flooding is extremely hazardous for her mother who is elderly and unwell and is causing significant damage to the property, as well as worry and upset.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mrs Y complained to the Council in January 2024. The Council responded at the start of February, confirming the matter had been raised with its highway department for consideration and any action deemed appropriate. The Council referred Mrs Y to its policy on how it prioritises maintenance matters relating to its highways. Mrs Y then approached us in July.
6. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
7. Unlike the court, we are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to the property or any personal injury claim, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. She may wish to contact the Council’s insurers to consider making a claim. We will not investigate this complaint.

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Final decision

8. We will not investigate Mrs Y’s complaint because the courts are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman