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Drainage Maladministration causing injustice
21 March 2006
‘Mr Kay’ (not his real name for legal reasons) was concerned about problems with a leaking sewer that was not connected to his home but which ran underneath his house and garden. He alleged that the Council had failed to use its legal powers properly to bring about a solution.
The Ombudsman’s investigation found that the Council had not failed in any duty as such – what it might do in this situation was a matter of discretion. The problem was also not straightforward, with issues arising over legal agreements to try and provide an alternative. Nonetheless, the Ombudsman was critical of the Council. She found that, having served a legal notice in 2001, it then failed to maintain a proper level of involvement.
The Ombudsman recommended the Council reassess the issue and said that, within six months of receiving the report, it should have made a definite decision either to seek to rescind the legal notice or else to have taken action under the statutory powers available to it.
Date Updated: 18/02/10
are in .pdf format. To view these files you will need the Adobe Acrobat Reader software. It can be downloaded below free of charge. Click To Download