Summary: We will not investigate Mrs X’s complaint about the Council refusing to investigate a gully outside her property that frequently gets blocked. This is because an investigation would not lead to any worthwhile outcomes.

The complaint

1. Mrs X complains about the Council refusing to investigate a gully outside her property that frequently gets blocked and that it refused to clean it more frequently.

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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 an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

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

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My assessment

6. Mrs X has a gully outside her property. She complains the gully frequently gets blocked which causes water to pool and causes damage to her property.
7. The Council cleansed the gully in February 2023. The Council visited Mrs X’s property in June 2023 to inspect the gully. The officer noted Mrs X’s garden was dry and so it was believed the issue had been fixed.
8. Mrs X reported the gully being blocked again in August and October 2023, and January 2024. During its complaint response, the Council accepted it did not investigate these reports due to cleansing having taken place in February 2023.
9. I note the Council’s records detailed its position that during heavy rainfall periods, gullies can become overwhelmed because there is only one outlet. The Council noted that once rain had slowed, the gullies will manage the rainwater and the pooling water will reduce. The Council also noted that during seasons where leaves fall, the leaves can also lead to the gully lids being blocked and this causes water to pool. It was recorded that residents could help with this by sweeping the lids of gullies.
10. It doesn’t appear the Council shared the above information with Mrs X. It would have been good practice for the Council to have done so to help Mrs X understand what the Council’s position was regarding the gully not always draining effectively.
11. Nevertheless, an investigation is not justified as it would not lead to any worthwhile outcomes. This is because the evidence shows the Council is willing to complete more cleanses when it receives reports of the gully being blocked. In this case, the Council cleansed the gully in August 2023 and May 2024 following the reports received from Mrs X. The records show the cleanses were effective at clearing the gully so that it was draining properly.
12. I understand Mrs X’s frustration that the gully keeps overflowing and her view that the Council needs to investigate the gully further. However, it is for the Council to decide whether further investigation is required. In this case, the Council is satisfied the gully gets overloaded and drains less effectively during heavy rainfall and when leaves are on the ground. Further, the Council is satisfied with its approach to complete cleansing where reports are made. Therefore, we could not find fault as the Council has properly considered the matter.

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Final decision

13. We will not investigate Mrs X’s complaint because an investigation would not lead to any worthwhile outcomes.

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Investigator's decision on behalf of the Ombudsman