Summary: We will not investigate Mr and Mrs Q’s complaint about the Council’s alleged failure to properly maintain ditches near their home which has resulted in damage to their property. This is because they may go to court.

The complaint

1. X Solicitors complained on behalf of Mr and Mrs Q. They said Hampshire County Council failed to properly maintain ditches on land between the highway and Mr and Mrs Q’s boundary. This resulted in damage to Mr and Mrs Q’s property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered the information provided by X Solicitors. I invited X Solicitors to comment on a draft of this decision.

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What I found

Key facts

5. X Solicitors said the Council failed to properly maintain and clear ditches on land between the highway and Mr and Mrs Q’s boundary. They said the ditches were clogged and blocked with tree roots. As a result, water overflowed into Mr and Mrs Q’s property and made their garden boggy and impossible to maintain. In addition, X Solicitors said that when the Council cleared the ditches previously, it left the spoil along Mr and Mrs Q’s boundary, causing their fence to collapse.
6. Mr and Mrs Q would like compensation from the Council because they are unable to use their garden and because their home has lost value. They would also like the Council to pay to reinstate their garden and fence.
7. The Council denies responsibility for the damage to Mr and Mrs Q’s garden and fence. It sent Q Solicitors compensation claim forms, which referred to pursuing a claim through the County Court.

Analysis

8. It is not the role of the Ombudsman to determine whether the Council is responsible for the damage to Mr and Mrs Q’s property. That is a matter for the courts to decide. If Mr and Mrs Q believe the Council is responsible for the damage to their garden and fence, it would be reasonable for them to pursue a claim in the courts. So, for this reason, we will not investigate this complaint.

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Final decision

9. We will not investigate this complaint. This is because Mr and Mrs Q may go to court.

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Investigator's decision on behalf of the Ombudsman