Summary: We will not investigate Mr X’s complaint about the Council’s decision not to fix a drain on private land. This is because there is not enough evidence of fault and further investigation would not lead to a different outcome.

The complaint

1. Mr X complains the Council has refused to fix a leak in a drain that runs across his property. He is concerned this will cause damage, and would like the leak to be fixed.

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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, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law 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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Background

6. Mr X is unhappy about a drain that runs under his patio. He says this drain services several nearby properties, and that the Council is responsible for its repair and maintenance. Mr X says the water company told him the drain is leaking.
7. In October 2025, Mr X told the Council what the water company said. The Council did not respond.
8. Seven weeks later Mr X contacted the Council again. The Council responded and apologised for the delay. It offered Mr X £50.00 as an apology for this delay. It also confirmed the drain had recently been inspected, and no leak had been identified. However, it arranged for another investigation.
9. Following that investigation, Mr X remained unhappy and complained to the Council again. The Council confirmed no leak had been identified and said that because Mr X was a private homeowner, it could not lift his patio to examine the drain any further.
10. Mr X contacted the Ombudsman in January 2026.

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Assessment

11. The Council accepted there was a delay in responding to Mr X’s initial contact about the leak. It apologised and offered him £50.00. This remedies any injustice caused by the delay, and further investigation will not lead to a different outcome.
12. After Mr X complained, the Council arranged for the drain to be inspected. It said no leak was found in the area it was responsible for. Although Mr X is unhappy with this outcome, there is not enough evidence of fault in how the Council has investigated to justify our involvement.
13. Mr X maintains the Council is responsible for fixing the drain. The Ombudsman does not investigate claims of liability as this is a matter for the courts. If a leak is found on his private land, and Mr X believes the Council is responsible for fixing it or there is any damage, he can ask the courts to decide.

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Final decision

14. We will not investigate Mr X’s complaint because there is not enough evidence of fault and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman