Summary: Mrs X complained the Council failed to clear drainage gulleys near her property despite agreeing to in its complaint response. We find the Council at fault for failing to complete the actions agreed in its complaint response. This has caused Mrs X distress and frustration. The Council has agreed to clear the gulleys and apologise to Mrs X for the delay.

The complaint

1. Mrs X complained the Council has failed to clear drainage gulleys near her property despite agreeing to in its complaint response. Mrs X also said the Council failed to communicate why the agreed actions have not been completed. Mrs X told us if the drainage gulleys are not cleared it causes a risk of flooding in the area. Mrs X would like the Council to clear the gulleys as it agreed in its complaint response. Mrs X would also like the Council to keep complaints open until agreed actions have been completed.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

4. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
5. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

6. In November 2024 Mrs X contacted the Council to request it clear the drainage gulleys near to her property to ensure rainwater could drain freely in the area.
7. Mrs X contacted the Council again in February 2025 as she had not received a response to her request. This contact was treated as a stage one complaint.
8. The Council called Mrs X and told her the request had been passed to the Council’s Highways team. The Council wrote to Mrs X the following day to confirm the request had been passed to the highways team.
9. Mrs X contacted the Council again in March 2025 to explain the drainage gulleys had not yet been cleared and the drainage issue had not been resolved.
10. The Council wrote to Mrs X in April 2025 and upheld the complaint. The Council agreed the gulleys were covered in weeds and not allowing rainwater to drain freely. The Council told Mrs X it had completed some work in clearing the gulleys and staff would return the following week to clear the remaining gulleys.
11. Mrs X told us the Council did not return the following week, and the remaining gulleys have not been cleared.
12. In response to our enquiries, the Council told us it guessed the agreed work had been completed to clear the remaining gulleys, but it has not provided any evidence in support of this.
13. We find the Council at fault for failing to complete the agreed actions set out in its stage two complaint response. This has caused Mrs X distress and frustration.

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Action

14. Within one month of the final decision the Council will:
• Apologise to Mrs X for the delay in completing the actions it agreed in its stage two complaint response.
• Complete the agreed action of clearing the drainage gulleys to ensure rainwater can drain freely in the area.
15. The Council should provide us with evidence it has complied with the above actions.

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Decision

16. I find fault causing injustice. The Council has agreed to remedy the injustice.

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Investigator's decision on behalf of the Ombudsman