Summary: We will not investigate this complaint about a blocked culvert. This is because the court is better placed than us to consider the complaint.

The complaint

1. Mr Y complains the Council has written to him requiring him to clear a culvert (a large pipe to allow the flow of water underneath an obstacle) on his land. Mr Y says the Council is failing to prevent debris coming from the highway blocking the culvert.
2. Mr Y feels it is unfair he must pay for the clearance of the culvert as a riparian owner.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered the information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y owns farmland, through which runs a small stream. Next to his land is a busy A-road. A culvert, or large pipe, runs underneath the road to allow the stream to flow onto and through Mr Y’s land.
6. Mr Y says the culvert is being blocked by debris coming off the highway, such as grit, and considers the Council should be responsible for clearing the blockage as a result. He also says under his riparian rights that the Council is not allowing the water to flow onto his land in its “natural quality”.
7. The Council, however, have asked Mr Y to clear the blockage to prevent flooding of the road and allow free flow for the stream onto Mr Y’s land. It holds Mr Y responsible as a riparian landowner for the cost of this as the blockage is on his land which would generally mean he would be responsible for the clearance.

Analysis

8. This complaint relates to the riparian rights and responsibilities of Mr Y and the Council as landowners. Where there is a dispute and potentially competing rights, the courts are better placed than us to consider such rights. Consequently, we will not investigate this complaint. If Mr Y wishes to dispute the Council’s position or wants to try to enforce his rights as a riparian landowner, he should seek independent legal advice.

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Final decision

9. We will not investigate Mr Y’s complaint because the court is better placed than us to consider the complaint.

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Investigator's decision on behalf of the Ombudsman