Summary: We will not investigate Mrs X’s complaint about a highway drainage matter. This is because it is reasonable to expect her to pursue the matter through the courts and we could not achieve anything more for Mrs X.

The complaint

1. Mrs X complains the Council has failed to resolve a drainage dispute affecting her property, leading to flooding and damage. She wants the Council to investigate the drainage arrangements.

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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 Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X says the drainage system cannot cope with heavy rainfall causing her property to flood. She also says the Council will not accept there is a problem and only cleans the drains once a year.
8. In August 2025, Mrs X complained to the Council and asked it to investigate further. The Council said it inspected the drainage system and found it was serviceable. It said the system should cope with normal rainfall and that the flooding was due to exceptional rainfall. It also said it had previously advised Mrs X to consider property flood level protection and provided information about the Property Flood Resilience Project scheme. The Council inspects the drainage twice a year and carries out routine maintenance. The Ombudsman cannot tell the Council how often it should carry out highway maintenance.
9. I appreciate Mrs X disagrees with the Council and believes the drainage system needs investigating. We cannot require the Council to carry out works and we could not achieve anything more for Mrs X.
10. The Council has investigated the matter and decided to take no further action. If Mrs X disagrees, it would be reasonable for her to pursue a claim through the courts, either for damages, or to resolve the dispute over ongoing responsibility. The courts are better placed to determine those questions and can provide a suitable remedy.

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Final decision

11. We will not investigate Mrs X’s complaint because it is reasonable to expect her to pursue the matter through the courts and we could not achieve anything more for Mrs X.

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Investigator's decision on behalf of the Ombudsman