Summary: We cannot investigate this complaint about flooding. The flooding is caused by a sewer issue, which does not fall under the Council’s administrative functions.

The complaint

1. Mr X complains the Council has failed to address flooding on his road. He says he can neither leave his house nor have guests due the flooding. Mr X wants the Council to address the issue and repair damage caused by the flooding.

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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. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended)

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. (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. The Council has looked into Mr X concerns and advised Mr X a sewer problem has caused the flooding. Malfunctioning sewers are the responsibility of the water and sewerage provider, not the Council. So, we cannot investigate this complaint.
7. The Council has told Mr X he should raise his concerns with the provider and says that it has also contacted the provider about the flooding. The Council also says it is checking and clearing highway gullies to help manage surface water. We are unlikely to find fault with the Council for how it has responded to the flood concerns, insofar as it the matter falls within its remit.

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Final decision

8. We cannot investigate Mr X’s complaint because the substantive matter does not fall within the Council’s administrative functions.

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Investigator's decision on behalf of the Ombudsman