Summary: The Ombudsman will not investigate Mr B’s complaint that the Council failed to answer his query and reply to his complaint. This is because it is unlikely we could add to what the Council has done.

The complaint

1. The complainant, whom I shall call Mr B, complained that the Council failed to answer his query and reply to his complaint. He is concerned about a recurrence of flooding in his locality.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered the information Mr B and the Council have provided and Mr B’s comments on my draft decision.

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What I found

5. Mr B told us the Council intends to carry out modifications to his road which may entail the stopping up of the highway so it will no longer be a highway. He is concerned this will mean the Council’s duty to maintain the drains on his road will cease. He told us the Council has failed to clarify the situation sufficiently or answer his complaint.
6. Mr B told us he wants us to remind the Council it must respond to his complaint and monitor it has done so.
7. Shortly after Mr B had complained to us, the Council sent him an email. The Council’s officer apologised to Mr B for the lack of a response to his query. The officer confirmed the Council has no plans to stop up Mr B’s road even if a safety scheme goes ahead in the future, such as a cycle path. He said the Council will continue to be responsible for the drainage network serving the road and paths. The Council added it would be attending all the gullies on Mr B’s road within the next couple of weeks.
8. In an email to us the Council offered to consider Mr B’s complaint at stage 1 of its complaint process if he remains dissatisfied.
9. We do not investigate all the complaints we receive. We may decide not to investigate a complaint if we feel it is unlikely we could add to what the Council has done or an investigation is unlikely to result in a different outcome. In this case the Council has answered Mr B’s question and it is willing to consider a formal complaint from Mr B if he remains dissatisfied. In those circumstances our involvement is not justified.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is unlikely we could add to what the Council has done.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman