Summary: We will not investigate this complaint about the Council’s refusal to repair a highway drain. Further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council refused to repair a cracked drain outside his property. He disagreed with the Council’s decision that it was not responsible for the repairs. He said the breakage had caused flooding to his property and potential damage to the foundations of his house. He wants the Council to complete the necessary repairs.

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The Ombudsman’s role and powers

2. 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:

• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint the Council has refused to repair a damaged drain outside his property. The Council inspected the drain and did not identify any faults within the highways drainage system. It said the breakage was where Mr X’s (and other people’s properties) had connected to the highways drain. It said it was not responsible for maintaining this as it was the responsibility of the landowner.
7. The Council has fully investigated Mr X’s complaint and set out why it is not responsible. Further investigation by the Ombudsman would not lead to a different outcome. If Mr X believes the Council is responsible for the repairing the drains and that its inaction is causing damage to his property, then this is a matter for the courts. Only a court can decide if an organisation has been negligent and so should pay damages.

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Final decision

8. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman