Summary: We will not investigate this complaint about a broken drain at a neighbouring property owned by a housing association causing damage to Miss X’s property. This is because there is insufficient evidence of fault with the Council’s response. Also, we have no remit to investigate the actions of housing associations.

The complaint

1. Miss X complains about a broken drain at a neighbouring property causing a pest infestation and significant damage to her property. She would like remedial repairs and compensation to be paid.

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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))

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as housing associations. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

4. I considered the information provided by the complainant. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X reported the matter to the Council’s Environmental Health department as she said rats had been seen in the street.
6. The Council said it was the responsibility of Miss X’s neighbour’s housing association (Orbit) to resolve the drain issue causing the pest infestation.
7. Orbit has accepted that a main drain that runs alongside Miss X’s property is situated on its property. It says it will investigate if the drain has collapsed to consider the next steps.
8. We will not investigate. There is insufficient evidence of fault by the Council highlighting that Orbit have an obligation to repair the drain rather than the Council.
9. Further, we have no remit to investigate the actions of housing associations so cannot consider how Orbit have handled Miss X’s complaint.

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Final decision

10. We will not investigate Miss X’s complaint because it is reasonable for him to refer the matter to the small claims process.

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Investigator's decision on behalf of the Ombudsman