Devon County Council (21 017 627)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 25 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about flooding caused to a private road by run-off from the public highway in periods of heavy rain. It is reasonable for Mr X to seek a remedy in the courts for his claim that the Council is liable for any flood damage caused by its negligence.
The complaint
- Mr X complained about the Council’s failure to prevent run-off from the highway drainage system onto the private road where he lives. He says the Council shod ensure that its drainage system is adequate to cope with heavy rain and that the gullies should be regularly maintained.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X lives on a private road which is at the bottom of a hill. He says that when there is heavy rainfall the drains on a public road which is further up the hill cannot cope and the run-off causes flooding further down. He complained in 2020 when there was a storm and again in 2021.
- The Council informed Mr X that it is only responsible for drainage of the public highway itself and has no statutory responsibility for run-off onto private land. It maintains the drainage on the highway in question on the same basis as the highway drainage network as a whole. It told him, that it cannot prevent drains from overflowing when there is exceptional rainfall, and the system could not be designed to cope with this.
- We cannot determine liability for claims about damage to property or personal injury resulting from alleged negligence by a council. Only insurers or the courts can decide liability and Mr X has informed the Council that he will consider legal action if the Council fails to prevent further run-off.
Final decision
- We will not investigate this complaint about flooding caused to a private road by run-off from the public highway in periods of heavy rain. It is reasonable for Mr X to seek a remedy in the courts for his claim that the Council is liable for any flood damage caused by its negligence.
Investigator's decision on behalf of the Ombudsman