Summary: We will not investigate this complaint about how the Council responded to Mrs X’s concerns about a faulty drainage system. There is not enough evidence of fault to warrant our involvement and there is no worthwhile outcome achievable.

The complaint

1. Mrs X complained about Council drainage systems causing flood water to gather outside her home.
2. Mrs X said the matters had a negative impact on her health.

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The Ombudsman’s role and powers

3. 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 there is no worthwhile outcome achievable. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained to the Council about flood water gathering near her property and said this was because of a faulty drainage system, owned by the Council.
7. In response to Mrs X’s complaint, the Council visited Mrs X’s property twice. It determined there was no sign of drainage problems on the land it owns.
8. The Council told Mrs X it could not carry our repairs to any of her private property and advised her to arrange for an inspection of the drainage system in her property.
9. The Council also arranged for a specialist to inspect the Council owned drainpipes around the property, to identify any damage. It said it would consider carrying out work to its drains following this inspection.
10. Councils as highway authorities have a duty under the Highways Act 1980 to ensure that the highway is kept clear for the free movement of traffic and pedestrians. This includes maintaining drainage to prevent the carriageway from being obstructed by standing water. However, this duty relates only to the drainage of the highway itself, and the duty does not extend to adjacent properties. Householders are normally expected to make provision for their own drainage and any damage caused by run-off from the highway would be a civil claim against the Council.
11. The Council’s actions appear appropriate and if we were to investigate, it is unlikely we would find fault.
12. Additionally, we could not decide the Council is liable for flooding and damage to Mrs X’s property, directly because of the drainage issues she reported. Nor could we direct it to take the action Mrs X wants. Mrs X would need to make a claim against the Council’s insurers if she believed it was liable for damage.

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Final decision

13. We will not investigate Mrs X’s complaint because there is not enough evidence of fault and there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman