Summary: We will not investigate this complaint about highway drainage causing damp to a property. This is because it is reasonable for Mr X to take the matter to court and we could not achieve anything more for Mr X.

The complaint

1. Mr X complains the Council has failed to maintain drainage on a highway outside his property, causing damp. He would like the Council to fix the drainage system and provide compensation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In July 2024, Mr X reported a highway drain he believed was leaking and causing damp in his property. He says he arranged investigations which supported this.
8. The Council inspected the drainage. It says it did not find defects with the pipes but identified issues with the gullies. It carried out works and did further testing. Mr X says the testing showed there is still a leak. The Council does not agree.
9. I appreciate Mr X disagrees with the Council and believes the drainage system needs repairing. We cannot require the Council to carry out works and we could not achieve anything more for Mr X.
10. Mr X can raise any allegations of property damage with the Council’s insurers and if this does not resolve the matter he can take the matter to court. I consider it would be reasonable for Mr X to pursue this route as the courts have the power to cross examine evidence from both sides and make decisions about liability.

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Final decision

11. We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court and we could not achieve anything more for Mr X.

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Investigator's decision on behalf of the Ombudsman