Summary: We will not investigate this complaint about a flooding problem affecting the pavement outside the complainant’s home. This is because the impact of the flooding problem on him is not to a degree which would justify investigating.

The complaint

1. The complainant, Mr B, complained that the Council has failed to resolve a flooding problem affecting the pavement outside his home.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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 not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

6. Mr B told us he complained to the Council about the flooding in 2016. The Council agreed to install a sustainable drainage system (SuDS). But Mr B then complained the SuDS did not resolve the situation and had added a new problem. In August 2019 the Council told Mr B it would instruct its contractor to revisit the site. Mr B told us the situation remained as bad with no further contact or work from the Council since 2019. So he complained again. He said, this time, the Council has failed to acknowledge the problem, suggesting it only happens in freak rainfalls. Mr B told us this is untrue. He said the existing sewers are not surcharging.
7. To put things right Mr B wants the Council to remove leaves and rubbish from the drains and make changes to the drainage system to address the issues he has reported.
8. Mr B told us the pavement floods during heavy rainfall and can be impassable. He said the SuDS the Council installed becomes a hazard at times like this and makes the pavement even less accessible. He said the problem has been occurring for a number of years despite his complaints and the Council has ignored it entirely since 2019.
9. In its final response to Mr B’s complaint, the Council told him its contractor had cleared the drains in some upstream areas and it proposed to carry out some minor additional work. But it has not agreed to do the work Mr B has called for.
10. We can decide whether or not to start an investigation into Mr B’s complaint. It is not in dispute that the pavement outside Mr B’s home floods during heavy rainfall. But the impact of this problem on him is not to a degree which would justify investigating.

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Final decision

11. We will not investigate Mr B’s complaint because the impact of the flooding problem on him is not to a degree which would justify investigating.

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Investigator's decision on behalf of the Ombudsman