Summary: We will not investigate this complaint about a failure to maintain a ditch near the complainant’s home to an acceptable standard. There is not enough evidence of fault in the Council’s decision that responsibility for maintaining the ditch lays with the local Internal Drainage Board. Also, we do not consider Mr X has suffered a significant personal injustice.

The complaint

1. Mr X complains the Council has failed to ensure a watercourse/ditch (the ditch) near his home is maintained to an acceptable standard.

Back to top

The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council confirms it keeps a register of structures and features, which it considers are likely to have a significant effect on the flood risk of the area. The ditch in question is on the register.
6. The ditch is privately owned, and the Council says it has written to the landowners responsible for it and to the local water authority.
7. The Council confirms the ditch is the responsibility of the local Internal Drainage Board (IDB).
8. IDBs are independent public bodies responsible for managing water levels in low-lying areas. They are the land drainage authority within their districts and their role includes supervising land drainage and flood defence works on ordinary watercourses. I understand Mr X complained to the IDB which ensured the ditch was cleared.
9. The Council became Local Lead Flood Authority in 2010. It says it has no record of flooding to Mr X’s home since 2010. It therefore believes the ditch had been suitably maintained.

Back to top

Final decision

10. We will not investigate Mr X’s complaint. There is not enough evidence of fault in the Council’s decision that responsibility to maintain the ditch lays with the IDB. Also, we do not consider Mr X has suffered a significant personal injustice because of the Council’s decision.

Back to top

Investigator's decision on behalf of the Ombudsman