Summary: We will not investigate Mr X’s complaint about the Council not taking enough action to prevent flooding in front of his business. There is not enough evidence of fault by the Council to warrant further investigation.

The complaint

1. Mr X complains the Council did not complete the drainage works quickly enough and has not taken enough action to prevent flooding in front of his business. Mr X also complains the Council tried to shift blame for the flooding to the maintenance of drainage pipes on his property, rather than take accountability themselves.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mr X raised a concern with the Council about flooding in front of his business after rainfall. He states that this caused a health and safety issue as people cannot use the path safely and has negatively impacted his business.
6. The Council completed an assessment and decided that minor works needed completing to improve the drainage of standing water after rainfall. During the assessment the Council also identified that down pipes at Mr X’s property needed some maintenance work, as they were discharging water into the street.
7. Mr X complains the Council tried to shift responsibility for the flooding onto him rather than accepting accountability. However, the evidence shows the Council recognised that drainage works were needed and planned for these to be completed. The Council also reminded Mr X of his responsibility to maintain his property, reflecting the shared responsibility for ensuring the drainage system functions effectively. There is insufficient evidence of fault by the Council in advising Mr X of this.
8. Mr X complains there was an unacceptable delay between the works being agreed and completed, causing continuing injustice because the flooding affected his business. The Council assessed the issue, raised the works, and classified them as minor. The Council prioritises works based on risk and safety, with higher-risk issues given precedence. It advised the works were expected to be completed by February 2026. However, evidence shows the works were scheduled, completed, and signed off in January 2026. There is not enough evidence of fault in the Council’s application of its policy or its assessment of the works’ priority.

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Final decision

9. We will not investigate Mr X’s complaint there is not enough evidence of fault by the Council to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman