Summary: We will not investigate this complaint about the Council’s failure to clear leaves which have blocked drains and caused flooding to Ms X’s property. This is because Ms X has a court remedy for claims of damage against the Council which places the complaint outside our jurisdiction and because any current problems should be the subject of a new complaint to the Council.

The complaint

1. The complainant, who I refer to as Ms X, says the Council has failed to properly manage the collection of leaves which have blocked drains and caused flooding to her property. She wants the Council to arrange for a regular leaf collection and to pay compensation.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

5. I considered information provided by the complainant’s representative, including the Council’s response to the complaint made to it a year ago about the matter.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The restriction highlighted at paragraph 3 applies to the part of Ms X’s complaint which concerns damage to her property. If she wishes to seek damages from the Council, following a claim to its insurers, she has a right of appeal to the courts. As she has this alternative remedy available to her which we would reasonably expect her to use, this matter falls outside our jurisdiction and will not be investigated.
8. Ms X made a complaint to the Council about its failure to collect the leaves about 12 months ago. The Council responded to advise that it had liaised with the County Council which has now put in extra drainage which Ms X says has improved the situation.
9. While she remains dissatisfied with the Council’s response to her complaint from a year ago, and had good reasons why she was unable to follow up on matters with us at the time, an investigation now into past events would serve no useful purpose.
10. If there remain problems with the Council’s leaf collection, despite the additional drainage installed by the County Council, then this can form the subject of a new complaint to the Council which we would expect it to address in the normal way through its complaints procedure. If Ms X is unhappy with the Council’s response at the end of this procedure, she can make a new complaint to the Ombudsman about these more recent events.

Back to top

Final decision

11. We will not investigate Ms X’s complaint because she has a court remedy for claims of damage against the Council which places the complaint outside our jurisdiction and because any current problems should be the subject of a new complaint to the Council.

Back to top

Investigator's decision on behalf of the Ombudsman