Summary: Mrs Y complained the Council failed to properly investigate her reports of a defective drain, which she says caused flooding and damage to her rear garden. We have discontinued the investigation into Mrs Y’s complaint because the Council is not at fault. This is because Mrs Y has recently discovered that a leak from her neighbour’s property was responsible for the excess water found in her garden.

The complaint

1. The complainant, Mrs Y, complains the Council has failed to properly investigate the drainage problem she reported and did not assess the problem from her property before deciding not to take further action.
2. Mrs Y says she has suffered injustice because of the Council’s failure to properly investigate the issue because her garden is flooded, and the water has damaged her perimeter wall.

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The Ombudsman’s role and powers

3. 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

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

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How I considered this complaint

4. During my investigation I discussed the complaint with Mrs Y and considered the Council’s responses to her complaints.
5. I also reviewed information sent by the Council, which included photographs taken by the officer who conducted a visit to the drain complained about.
6. I issued a draft decision inviting comments from Mrs Y and the Council. I considered any comments received before making a final decision.

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What I found

What happened

7. In September and October 2020 Mrs Y contacted the Council about water seeping into her rear garden. Mrs Y suspected the source of the water was a Council drain. Mrs Y came to this conclusion after speaking with the local water board and a drainage firm.
8. The Council carried out a visual inspection of the drain on 6 October 2020. Its notes say the drain is “not at investigatory level”. Photographs taken by the officer do not show any visible signs of a blockage. The Council therefore decided there were no grounds to undertake further investigatory work, including CCTV camera investigations.
9. Mrs Y made a complaint because she disagreed with the Council’s assessment of her case. She said the case was urgent because her garden is flooded, and her wall is damaged.
10. The Council responded to Mrs Y’s complaint on 21 October. It reiterated that officers inspected the drain and found no evidence of a defect, so no further work was needed. Dissatisfied with the response, Mrs Y raised another complaint, stating her suspicion that the underground pipe carrying water from the inlet to the main drain may be cracked or broken. Mrs Y reiterated her view that CCTV camera investigation is needed to locate the problem. In its response, the Council disagreed and again said there were no grounds to undertake further investigatory work.
11. Mrs Y contacted the Ombudsman for an impartial review of her case. During my contact with Mrs Y she explained that matters had progressed since first contacting us. She said the water in her garden had increased, and after making further enquiries she discovered her neighbour had a leak. Since fixing the leak, the amount of water in her garden had significantly decreased. Due to the damage caused to her property, Mrs Y said she had made a claim through her home insurers.

My analysis

12. I have discontinued our investigation into Mrs Y’s complaint. This is because it is unlikely the Council is at fault for the problems Mrs Y has experienced. Mrs Y has determined that her neighbour’s leak was the likely cause of the water in her garden. Furthermore, the Council has already visually inspected the drainage originally thought to be the cause and it has detected no visible concerns.
13. I am also mindful that Mrs Y is pursuing a claim through her home insurance which will likely resolve the substantive injustice she claims, which is damage to her property.

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Final decision

14. I have discontinued my investigation for the reasons explained in this statement.

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Investigator's decision on behalf of the Ombudsman