City of York Council (20 009 376)
Category : Environment and regulation > Drainage
Decision : Closed after initial enquiries
Decision date : 28 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mr Y’s drainage problem. This is because it is reasonable to expect Mr Y to go to court to make a claim if he holds the Council responsible for the costs of the work.
The complaint
- Mr Y complains the Council is refusing to carry out repairs to the drainage system as it is on his privately owned land. Mr Y says the Council should pay for the drain repair.
The Ombudsman’s role and powers
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered the information Mr Y provided about the complaint. Mr Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Shortly after he moved into his property in March 2019, Mr Y noticed a problem with the drainage on his property and contacted the local water provider and the Council. Following inspections, the problem was found to be on the pipes running from Mr Y’s house. Both the Council and the water company said Mr Y was responsible for the repairs as the pipes are on his private land. As Mr Y disagrees and believes the Council should be responsible for the cost of the repair, he approached the Ombudsman in December 2020.
- Who is responsible for the repair of the drain and to pay the costs for those repairs is an issue of liability which we do not have the legal power to decide. If Mr Y considers the Council liable for the costs, it is reasonable to expect him to make a claim to the court.
Final decision
- We will not investigate this complaint as it is reasonable to expect Mr Y to go to court to decide who is liable for the repairs.
Investigator's decision on behalf of the Ombudsman