Summary: Mr X complained about run-off from the highway flooding his driveway during wet weather. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about water running off the carriageway and across the pavement into his drive. He says that it takes several days to drain away when the weather is very wet. He wants the Council to resolve the problem.

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The Ombudsman’s role and powers

2. 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 would find fault, or
• 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.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has commented on the draft decision.

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What I found

4. Mr X lives alongside a highway and has a dropped kerb across the pavement at the entrance of his drive. He says that in wet weather the rainwater runs across the pavement and into his driveway. He says it can takes days for the water to drain away.
5. The Council has inspected the footway and says it may benefit from being levelled where the dropped kerb meets the highway. However, the Council has a list of priority for minor repairs and it may be some time before it can carry out the work required.
6. Highway authorities have a duty to maintain the highway for drivers and pedestrians. This duty does not extend to issues involving neighbouring properties. The Council says it will re-profile the pavement and this may or may not resolve the problem which Mr X is suffering.
7. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman