Summary: We will not investigate this complaint about the Council’s decision to take no further action to address flooding which affects Ms X’s property. This is because there is no evidence to suggest fault by the Council.

The complaint

1. Ms X complains the Council has not taken further action to address a drain which causes flooding to her property during heavy rain. She wants the Council to work with the water company to upgrade the drainage system or carry out some form of mitigation for when the drain cannot cope with the rain.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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. (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 the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council about a drain outside her property which causes flooding which affects her property during heavy rain.
7. The Council carried out a CCTV survey of the area and following this the drainage system was cleansed and jetted. The Council told Ms X that as it found no defects in the assets it is responsible for, it would not be taking any further action. However, it advised Ms X to contact her water company if she wanted to discuss changes in its system to prevent the problems she had reported.
8. While Ms X may be disappointed with the Council’s response, there is no evidence to suggest fault in its handling of matters. We cannot question decisions taken by councils if they have followed the rights steps and considered the relevant evidence and information. The Council investigated Ms X’s concerns, cleansed the drainage system and satisfied itself there are no further works required to address its assets at this time.

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Final decision

9. We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman