Summary: We will not investigate Mr X’s complaint about how the Council dealt with his reports of a blocked drain near a supermarket. The Council resolved the matter and has not caused Mr X injustice.

The complaint

1. Mr X complains he reported to the Council a blocked drain on private land which was causing or could have caused flooding to a public footpath and caused a danger to the public. Mr X says it took the Council forty working days to resolve the matter and that it could have had the work done much quicker by using its public health rather than it highway powers. Mr X says he reported the blocked drain three times and was given a poor service. Mr X says the Council failed to uphold his complaint.

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The Ombudsman’s role and powers

2. 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, or
• it is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered Mr X’s information, comments and reply to my draft decision statement. I have considered the Council’s complaint replies including a detailed investigation report on what happened. The Council has provided a copy of its letter to the landowner dated 8 January 2021 which includes a site plan and photographs.

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What I found

4. On 8 December, 21 December 2020, and 23 January 2021 Mr X reported to the Council there was a blocked drain and rainwater was not clearing from a car park. The Council’s photographs show the drain on the edge of a car park and close to a public footpath. One photograph was taken when it was wet and does not show flooding. The Council says its visits did not find the highway affected by water.
5. The Council says the car park is in front of a supermarket and Mr X reported a risk water could run onto the highway. A highways inspector visited on 9 December, 21 December, and 25 January. On the second date he visited Mr X and discussed the issue. On 8 January, the Council wrote to the landowner giving 21 days to clear the drain. The Council tells me this letter was not a formal notice and one was not necessary because the business dealt with the problem.
6. On 2 February Mr X complained to the Council saying the drain was not clear. The Council says it understands from Mr X the drain was clear by 5 February. The planning and highway enforcement officer visited on 8 March and found the drain clear.
7. Mr X in his reply to the draft decision statement says: ‘it was never my view that there was injustice to me I complained…the Council had been incompetent in its handling of a very straightforward complaint’ and provided a ‘poor service’.

Analysis

8. I will not investigate this complaint for the following reasons:
9. The Ombudsman investigates fault causing injustice. There is insufficient injustice. Mr X was not caused injustice either from the impact of the blocked drain, the time taken to resolve the matter, or the number of contacts he had with the Council. The Council responded promptly to each of Mr X’s reports, communicated with him reasonably, and took action which resolved the matter.
10. Mr X has questioned the Council’s competence and he suggests other powers could have been used. There is insufficient reason to investigate on the basis of service improvement. Any delay was limited and there was no significant impact on the public.

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Final decision

11. The Ombudsman will not investigate Mr X’s complaint about how the Council dealt with his reports of a blocked drain near a supermarket. The Council resolved the matter and has not caused Mr X injustice.

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Investigator's decision on behalf of the Ombudsman