Summary: We will not investigate this complaint that the Council failed to take action regarding water run off. There is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr B, complained that the Council failed to take action regarding water run off from his neighbour’s property.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council’s response to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr B told us the Council had approved his neighbour’s building work so it should ensure his neighbour puts the problem right.
6. When the Council responded to Mr B’s complaint earlier this year it said he had first reported the problem in 2019. It had told him his neighbour’s car port was an exempt building and it could not take action under the Building Regulations. The Council said it was a private civil matter.
7. If a council approves a building, it does not follow that applicant is allowed to do something which damages a neighbour’s land. Councils should not be seen as a ‘safety net’ for when things go wrong, nor are they liable for poor or unlawful building work. Council compliance certificates do not guarantee works meet with the Building Regulations. Their role is to maintain building safety for the public in general, not to protect the private interests of individuals. The consequences of the water drainage arrangements in this case are a private civil matter between Mr B and his neighbour. There is not enough evidence of fault by the Council to justify investigating.

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Final decision

8. We will not investigate Mr B’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman