Summary: Mr X complained the Council delayed in carrying out remedial works to pipes near to his property. He said this had caused damage to his property in the past and it was causing him and his family distress. There was no fault in the Council’s actions.

The complaint

1. Mr X complained the Council delayed in carrying out remedial work to pipes close to his property resulting in flooding to his property and extensive surface water on the road after heavy rain.
2. Mr X says this caused damage to his property and was causing him and his family distress.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I spoke to Mr X and considered his view of his complaint.
6. I made enquiries of the Council and considered the information it provided.
7. I gave the Council and Mr X the opportunity to comment on my draft decision.

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What I found

8. Mr X lives in a street which flooded several years ago. He said the flood water entered his garage and some damage was done to items he stored there. Mr X said he complained to the Council and it accepted fault and made him a payment of £200 which covered the damage to the items. Mr X did not make an insurance claim.
9. In August 2018, there was more flooding on Mr X’s street and his garage flooded again. Mr X said there was no damage this time because he had moved the items he stored to higher levels.
10. Mr X complained to the Council. The Council investigated the pipe work in November 2018 and decided that the flooding was partly due to a pipe which the Council owned.
11. Between November 2018 and January 2019, the Council drew up plans for the work required to alter the pipe. The costs of the project came to around £80,000. The Environment Agency and the Council approved funding during this time. It was anticipated the work would be completed before the end of March 2019 and would take around four weeks.
12. In February 2019, the Council went out to tender. A contractor was appointed in March 2019.
13. The Council re-assessed the work and decided it would require five and a half weeks to complete it. It decided to postpone the work until after Easter which would also have the benefit of potentially better weather.
14. Further delays were experienced when unexpected works were identified which utility companies needed to complete before the work to the pipe could start. As a result, the Council decided to delay the works until after the summer holidays.
15. The work began in the middle of October 2019.

My findings

16. Although there were delays in the start date of the project, this was not as a result of unnecessary delays by the Council. The design, financing and tendering stages were carried out within acceptable timescales. Following a re-assessment, the Council decided the project would take slightly longer than anticipated which led to re-scheduling to account for the Easter holidays and the contractor’s availability. Unexpected works required by utility companies caused further delays which meant the work needed to be postponed until after the summer holidays. There was no fault in the Council’s actions.
17. And even if I did find fault, I have seen no evidence to show that Mr X has been caused a significant injustice. There has been no damage to his possessions, he did not complain of flooding to the Council during the period of this complaint and the work has now commenced.

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Final decision

18. There was no fault. Therefore, I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman