Summary: We will not investigate this complaint about drainage issues because the complaint is late without good reasons to exercise discretion to investigate it now and the courts are better placed to consider this complaint.

The complaint

1. Mr Y complained the Council has failed to maintain a part of its land which runs next to her property, causing problems with drainage from water run off which in turn has caused damage to Mr Y’s home repeatedly over several years.
2. Mr Y also says his family’s health has been affected and he has had repeated issues with damp and pest infestations.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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 another body better placed to consider this complaint.

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

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How I considered this complaint

6. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
8. Mr Y’s was aware of his reason to complain about the Council’s actions when he complained to the Council about the issues in 2021, more than 12 months ago. Consequently, his complaint is now late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner. Therefore, we will not investigate this complaint.
9. Mr Y has also said his property has been repeatedly damaged as a result of the issues, with problems occurring from 2020 onwards. He says he is seeking compensation for costs for repairs of over £6,500. As Mr Y is seeking compensation, also known as damages, he would need to make a negligence claim against the Council.
10. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
11. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue his claim through either insurers or the courts. We will not investigate this complaint.

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Final decision

12. We will not investigate Mr Y’s complaint because the complaint is late without good reasons to exercise discretion to investigate it now and the courts are better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman