Summary: We will not investigate this complaint about the Council’s actions on a development next to where the complainant lives. We do not consider further investigation would lead to a different result. Nor can we achieve the outcome the complainant is seeking.

The complaint

1. The complainant, I shall call Mr X, complains the Council:
• fails to act on anti-social behaviour by users of a footpath near his home
• failed to ask the developer to apply to remove a planning condition for a footpath despite confirming it would do so
• failed to realise the development is elevated causing frequent flooding to the development where Mr X lives; and
• failed to provide a copy of a report from a drainage engineer
2. He wants the footpath rerouted and a solution to the flooding provided.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Council has confirmed planning permission was granted by the Planning Inspector and it cannot require the developer to reroute the footpath.
7. It also confirms the footpath is on unadopted land, which is under the control of a management company, therefore it cannot take action on the use of e-scooters or littering. It advised Mr X to contact the police.
8. The Council has asked the County Council, which is the Local Lead Flood Authority, for an update on the groundwater flood risk. It is checking on whether a land drain has been installed and will inform Mr X of the outcome.
9. Following submission of a management and maintenance plan for the Sustainable Urban Drainage System, the relevant planning condition was discharged in 2017.

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Final decision

10. We will not investigate Mr X’s complaint because we do not consider an investigation would lead to a different outcome and we cannot achieve the changes to the footpath sought by Mr X.

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Investigator's decision on behalf of the Ombudsman