Cumbria County Council (19 013 447)
Category : Environment and regulation > Drainage
Decision : Closed after initial enquiries
Decision date : 16 Jan 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about damage to her property she says resulted from the Council’s failure to properly clean the drains. This is because it would be reasonable for Mrs X to take the matter to court.
The complaint
- The complainant, Mrs X, complains about the Council’s failure to clear blocked drains, resulting in flooding and damage to her property.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I reviewed Mrs X’s complaint, shared my draft decision with her and invited her comments.
What I found
- Mrs X complains the Council has not properly cleaned the drains outside her property for five years. As a result, she says the drains flooded and water entered her property damaging the flooring, internal fixtures and wall decoration. She says she has also had to dispose of her lawnmower and tools kept in the garage.
- Mrs X made a claim to the Council’s insurers for the cost of repairing the damage and replacing her damaged property but the insurers have refused the claim. She wants the Council to pay her compensation.
- The Ombudsman will not investigate this complaint. It is not for the Ombudsman cannot decide disputed claims of liability for property damage; if Mrs X believes the Council is liable for the damage to her property, it would be reasonable for her to take the matter to court.
- In the event the drains run under the road/pavement outside her property, Mrs X may also apply to the court for an order requiring the Council to carry out maintenance to reduce the likelihood of repetition. The relevant legislation for this process is the Highways Act 1980, Sections 41 and 56.
Final decision
- The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mrs X to take the matter to court.
Investigator's decision on behalf of the Ombudsman