Stoke-on-Trent City Council (20 012 296)
The Ombudsman's final decision:
Summary: Mr C complained about the Council’s response to his reports of flooding to his garden. We have ended our investigation as the Council has agreed to complete works which we consider provides a suitable remedy.
The complaint
- The complainant, whom I shall refer to as Mr C, complains about the Council’s response to his reports of flooding to his garden.
The Ombudsman’s role and powers
- 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I read the papers provided by Mr C and discussed the complaint with him. I have explained my draft decision to Mr C and the Council and provided an opportunity for comment.
What I found
- During my investigation, the Council explained it had arranged a specialist drainage survey at the neighbouring property to Mr C in April. The Council visited both Mr C’s property and his neighbour’s property in May with an update following the outcome of the survey. The Council has confirmed it will complete work to install an improved land drain arrangement in the garden of the neighbouring property during June.
- The Ombudsman welcomes this action by the Council which I consider provides a suitable remedy for the complaint.
- It would remain open to Mr C to make a new complaint if the Council does not complete the work within a reasonable timescale or it does not resolve the issue of flooding.
Final decision
- I have ended my investigation as the Council has offered a suitable remedy.
Investigator's decision on behalf of the Ombudsman