Summary: We will not investigate this complaint about damage to Mrs Y’s drainage. This is because it is unlikely the Ombudsman would find the Council at fault.

The complaint

1. Mrs Y complains the Council did not clear tree debris on a footpath outside her home. This led to tree seeds falling into the drainpipe from her property across the pavement, which then grew, causing damage to the drain.
2. Mrs Y says she has had to replace screws in the drain due to rust and she would like the Council to regularly clean the pavement to prevent the problem recurring next year.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

5. I spoke to Mrs Y about her complaint. I have also considered the information provided by Mrs Y and the Council. Mrs Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

6. Mr and Mrs Y contacted the Council in June 2020 about tree debris, specifically fruit and seeds, which had fallen into their drain, which had then grown into plants, causing damage.
7. The Council replied in July, explaining the clearance of tree debris would be part of household maintenance. It said the local district council was responsible for street cleaning, which happened regularly in the area, but it was ultimately Mr and Mrs Y’s responsibility to keep the drain from their property clear and in good repair.
8. Mr and Mrs Y responded, asking for further consideration of their complaint. The Council repeated its response, that any drain blockage and repair was part of household maintenance, and not a Council issue in August 2020. It repeated its response again in September before referring Mr and Mrs Y to the Ombudsman.
9. Mr and Mrs Y approached the Ombudsman in September. As part of my consideration, I spoke to Mrs Y about the complaint in October 2020. Mrs Y said she was not seeking payment for repairs to the drain and has not yet received a bill for the cost. Instead, she would like the Council to clear the drain regularly to make sure no further damage is caused.

Analysis

10. The cleaning of the street Mr and Mrs Y live on is the responsibility of the local District Council. As it is not the responsibility of the Council complained about, it is unlikely the Ombudsman would find the Council at fault for not clearing tree debris.
11. The Council’s response also explains it is Mr and Mrs Y’s responsibility to maintain the drain, including ensuring it is clear and in good repair, as part of household maintenance. As Mr and Mrs Y own their property, and are therefore responsible for this type of maintenance, it is unlikely we would find the Council at fault for any damage.
12. If Mr and Mrs Y wish to make a claim of negligence against the Council for the damage and costs of repairs to the drain, this would be for courts to consider as negligence can only be considered by the court. I have seen no evidence to show it would not be reasonable for Mr and Mrs Y to pursue any claim through the courts if they wish.

Back to top

Final decision

13. We will not investigate this complaint. This is because it is unlikely we would find the Council at fault.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman