Summary: We will not investigate this complaint about the Council’s response to a report of water discharge on a footpath. There is no significant injustice and no worthwhile outcome achievable by us investigating.

The complaint

1. Ms X complained about what she said was inaction over several years, by the Council, to address a report of water discharge onto a footpath. More recently the Council had investigated and said it would not repair the water leak. Ms X disagrees and now wants the Council to fix the water leak.

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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 any injustice is not significant enough to justify our involvement, or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

4. Ms X said she was concerned the Council were not taking steps to prevent water flowing onto the footpath and during the colder months this became a hazard to pedestrians because of the risk of ice. She was also frustrated because she had to constantly chase the Council for a response.
5. The Council said it had investigated her complaint including contacting the water utilities company and did not believe it was responsible. It said therefore, it would not repair the leak.
6. We will not investigate Ms X’s complaint because any injustice the Council’s actions have caused Ms X, is not significant enough to warrant an investigation. Additionally, Ms X wants the Council to make a repair to the leak and we could not direct the Council to carry out work it did not believe it had responsibility to do. Therefore, there is no worthwhile outcome achievable by us investigating.

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Final decision

7. We will not investigate Ms X’s complaint because there is no significant injustice and no worthwhile outcome achievable by us investigating.

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Investigator's decision on behalf of the Ombudsman