Summary: We will not investigate this complaint about drainage. There is not enough evidence of fault in the Council’s actions to warrant further investigation.

The complaint

1. Miss X complained about inadequate drainage on a road where she owned several rental properties. She said this had resulted in flooding outside her properties. She said the Council had incorrectly said it was not responsible for the drains as the properties were not located on a publicly maintained highway.
2. Miss X is concerned that if water continues to run off roads onto her land, that this will result in some form of sinkhole. She wants the Council to improve the current drainage system.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

7. Miss X initially contacted the Council about the drains in May 2021. She complained in July, stating the Council had failed to respond to the matter.
8. In the Council’s final response to Miss X’s complaint, it said it had completed a site visit and that the section of road where Miss X’s properties were located was not recorded as a publicly maintainable highway but as a private road.
9. It said the current drainage outside the properties was not enough to cope with increased levels of water caused by flash flooding. It also found that a dropped kerb installed by Miss X several years earlier was encouraging water onto the properties. It said any improvements to the drainage needed to be made by Miss X as the landowner.
10. The Council confirmed contractors had cleared all the drainage gullies along the road. It said there was no evidence of these being blocked and it had received no further complaints about flooding since having the gullies cleaned.
11. We will not investigate Miss X’s complaint further. The Council has completed a site visit and assessed the cause of flooding. It has cleared the gullies and not identified blockages within the drains it is responsible for. Although Miss X believes the road her properties are on is publicly maintainable, the Council has referred to Council’s Highways Records and confirmed it is a private road. Therefore, she is responsible for improvements to the drains within her land boundaries. There is insufficient evidence of fault in the Council’s actions and decision making to warrant further investigation.

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Final decision

12. We will not investigate Miss X’s complaint because as there is insufficient evidence of fault to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman