Summary: We will not investigate Miss X’s complaint about the Council’s handling of a drainage system serving her property. This is because it is reasonable to expect Miss X to pursue the matter through the courts.

The complaint

1. Miss X complains about the Council’s handling of the drainage system serving her property leading to damp. She wants the Council to pay the repair costs.

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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)

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How I considered this complaint

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

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My assessment

6. Miss X says the Council carried out repairs outside her property shortly before she reported problems with the drainage system. She says the works damaged pipework serving her property and caused damp in her home.
7. In August 2025, Miss X complained to the Council and asked it to reimburse the drainage contractor’s fee. The Council said it was not responsible for private drainage and there was no evidence that its repairs to a sunken gulley caused damage to the pipework serving Miss X’s property.
8. If Miss X disagrees with the Council’s position and considers it liable for the damage and repair costs, it would be reasonable for her to pursue a claim through the courts. The courts are better placed to decide whether the Council has been negligent and is liable for damage. They can also provide a suitable remedy.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable for her to take the matter to court.

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Investigator's decision on behalf of the Ombudsman