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London Borough of Hillingdon (16 017 711)

Category : Transport and highways > Highway repair and maintenance

Decision : Closed after initial enquiries

Decision date : 22 Mar 2017

The Ombudsman's final decision:

Summary: The Ombudsman cannot investigate complaints where the matter has already been to court. Mr X’s complaint is that the Council’s failure to maintain the highway caused his garage to flood. However as he has taken the Council to court the complaint is outside the Ombudsman’s jurisdiction.

The complaint

  1. Mr X complains the Council failed to maintain the highway outside his home which causes water to flood his garage during heavy rain.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

  1. I considered the information provided by Mr X and discussed his complaint with him. He had the opportunity to comment on the draft decision.

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What I found

  1. Mr X made a claim against the Council’s insurers for flood damage to the contents of his garage.
  2. The insurer’s refused the claim so Mr X took the Council to the small claims court. The court dismissed the claim.

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Draft decision

  1. Mr X’s complaint is that the Council’s failure to maintain the highway caused his garage to flood. However as he has taken the Council to court the complaint is outside the Ombudsman’s jurisdiction

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Investigator's decision on behalf of the Ombudsman

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