Summary: Mr X complained about the Council’s failure to prevent run-off from the nearby highway footway from draining onto his property causing water damage. We will not exercise discretion to investigate this complaint. This is because it concerns a civil matter, and it is reasonable for him to make a claim against the Council or seek a remedy in the courts.

The complaint

1. Mr X complains that the Council has since 2019 refused to accept liability for water run-off onto his property since it re-surfaced the footway adjacent to his home. He says the camber of the footway slopes towards his home and the water run-off is causing dampness to his wall.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response.

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What I found

4. Mr X says his home has suffered from dampness to the gable wall and possible undermining of his garden since the Council re-surfaced the footpaths in 2019. He has complained on several occasions and the Council highway authority has inspected the site and cleared drains. He says the problem is with the camber of the footway which slopes towards his home. The Council disputes this and says it slopes away but a nearby car park may be the source of the problem.
5. He has complained to his member of Parliament and raised the matter with his insurers, but the Council will not accept liability for the run-off.
6. The restriction outlined in paragraph 2 applies here because Mr X complains about a civil matter which can only be determined by insurers or the courts. The Ombudsman cannot decide if a council is liable for damage or personal injury in a negligence claim. It is reasonable for Mr X to seek a legal remedy if the Council denies liability.

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Final decision

7. We will not exercise discretion to investigate this complaint. This is because it concerns a civil matter, and it is reasonable for him to make a claim against the Council or seek a remedy in the courts.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman