Summary: We will not investigate Mr C’s complaint that the Council has failed to resolve drainage problems in a park near his home. This is because it is unlikely an investigation would lead to a different outcome for Mr C.

The complaint

1. The complainant, Mr C, complained that the Council has failed to resolve drainage problems in a park near his home. He told us users of the park must either wade through deep water or risk slipping on mud or ice in the area in question.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I have considered the information Mr C provided and the Council’s responses to his complaint. Mr C has had an opportunity to comment on my draft decision.

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What I found

5. Mr C told us the Council recently scraped off the soil and grass growing over the drains in the park but this failed to address the other drainage issues he had highlighted. So, the next time it rained, the paths flooded again.
6. The Council has agreed to upgrade the gullies and drainage and had planned to start work earlier this year. But it told us its plans have been affected by the need to do higher priority work on major schemes. Its intention is to complete the planned works when resources allow.
7. It is for the Council to decide how it will prioritise the works it has committed to do. We have no powers to substitute our own judgement for that of the Council. Given the Council’s commitment to the drainage upgrade in the park, it is unlikely an investigation would lead to a different outcome for Mr C.

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Final decision

8. We will not investigate this complaint. This is because it is unlikely an investigation would lead to a different outcome for Mr C.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman