Summary: We will not investigate this complaint about water run-off from the public highway which caused damage to Mr X’s property in 2021. It is reasonable for him to seek a remedy by way of the courts to decide a civil matter.

The complaint

1. Mr X complained about the Council’s failure to properly maintain the highway drainage system near his home for a number of years. He reported the problem in 2020 and complained in 2021 when the drains overflowed during a storm and damaged his wall. He wants the Council to improve its maintenance and pay him compensation for the damage caused.

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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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X reported the highway drainage gullies near his home to be blocked and overflowing in 2020. The Council carried out its annual cleansing that year and says they were left clear. It did not confirm this to Mr X, but he made no further complaints about the problem.
7. In 2021 his home was affected by water running off the highway when the drains overflowed in a named storm. He made formal complaint against the Council and says it was negligent in failing to ensure the drains were kept clear. The Council disputed his claim and said the drains were cleared annually and that they were not found to be blocked. They were not expected to cope with exceptional weather conditions and were designed to keep the carriageway clear, not to protect adjacent property.
8. Mr X submitted a claim form against the Council’s insurance for the damage which he has suffered to his property.
9. We cannot determine liability claims for damage to property or personal injury negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages or personal injury caused by a council or its contractors to submit an insurance claim against the Council. If the Council does not accept liability for the damages, then it is reasonable to seek a remedy in the courts which are the only body to determine legal liability.
10. We will not exercise discretion to consider the events which took place in 2020, which is outside the normal 12-month period for receiving complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.

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Final decision

11. We will not investigate We will not investigate this complaint about water run-off from the public highway which caused damage to Mr X’s property in 2021. It is reasonable for him to seek a remedy by way of the courts to decide a civil matter.

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Investigator's decision on behalf of the Ombudsman