Summary: Mr B complains the Council has failed to take action to clear out blocked gullies on a road near his home which are causing water to accumulate at times of heavy rain. The Ombudsman will not investigate the complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. Mr B says blocked gullies, which the Council has failed to clear for a number of years, are causing water to accumulate at times of heavy rain which can result in him getting drenched by passing cars.

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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
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, 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, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision and considered the comments he made.

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What I found

5. Mr B reported blocked drains and gullies near his home to the Council which were flooding at times of heavy rain.
6. The Council updated its records to note ‘further case work required’ but as he heard nothing further Mr B complained to the Council that it was not meeting its own service standards by failing for a number of years to clear out the drains and gullies.
7. The Council responded by explaining that it was aware of the drainage issue at the location identified by Mr B but that the gullies were not blocked and the problem was more complex. It told Mr B it suspected that a housing developer might have inadvertently filled in a ditch line which had affected highway drainage.
8. It confirmed it had carried out investigations to try and find a solution but having been unable to do so, it now considers the only option is to re-profile the road and alter the camber to change the flow of water to a gulley opposite. It further explained that because of the cost of this work it would need to apply for a Surface Water Alleviation Scheme. Such a scheme would need to be assessed with those schemes with the highest risk to road safety receiving priority. The Council told Mr B it is unlikely the work at the location he is concerned with will take place this financial year.

Assessment

9. The Council has investigated Mr B’s concerns and discovered a larger problem which will require significant funding. It is the Council’s role to assess and prioritise what work it will carry out and unfortunately for Mr B the works required to address his problem are unlikely to take place soon. This is disappointing for Mr B but an investigation by the Ombudsman is unlikely to change this position.
10. Mr B says the problem has existed for 20 years and that residents have been complaining about it over this time. While I note Mr B’s comment, the restriction highlighted at paragraph 3 applies to earlier years and there are no grounds which warrant exercising discretion to investigate them now.
11. Mr B says he believes the gullies are blocked and clearing them would help alleviate the problem. However, the Council investigated the site and confirmed to Mr B in May 2019 that the gullies are not blocked.

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Final decision

12. The Ombudsman will not investigate this complaint. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman