Summary: We will not investigate this complaint about the Council’s decision not to fix a blocked water pipe. This is because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

The complaint

1. Mrs X complained the Council did not take responsibility for a blocked water pipe located on public land. She said it did not complete a site inspection or provide any evidence that it was not the Council’s responsibility to fix.
2. She said it caused her stress; financial loss and puts her property at risk of flooding. She wants the Council to take responsibility for a fix the pipe.

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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 further investigation would not lead to a different outcome. (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 provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate this complaint. Miss X became aware of the issue in 2023 after she reported flooding to the Council. The Council and a water company investigated the flooding, and informed Miss X there was a blocked manhole opposite her property. We expect a person to complain to us within 12 months of being aware of a matter and Miss X did not complain to us until 2025Therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
9. However, even if the complaint was not late, we would be unlikely to investigate. In its complaint response the Council said after Miss X reported the flooding in 2023 it cleaned the jetting and nearby road drains. During the work it found no connection between the property and highway drains.
10. A water company conducted its own investigation and found a blocked manhole opposite the property. The Council said its officers found that it had no connection to Council assets and informed Miss X it was a private matter. It said the pipe was on private land and therefore the property owner’s responsibility. It advised Miss X to hire a private drainage contractor to address the issue. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

11. We will not investigate Miss X’s complaint because the complaint is late and there is no good reason to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman