Calderdale Metropolitan Borough Council (22 001 570)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 09 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with drainage and flood damage. The complainant has an alternative remedy through the civil courts, and it would be reasonable for them to use this.
The complaint
- Miss X told the Council she had water coming onto her property, causing damage and she believed this was coming from the drains. Miss X says the Council did not act quickly enough after she reported it and after a period of heavy rainfall, her house was damaged because of flooding.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Miss X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says she told the Council that she had water coming onto her property and this was affecting her use of the ground floor due to damage. Miss X says the Council carried out investigations but was not able to initially resolve the problem.
- Miss X says after heavy rainfall, the ground floor of her house was severely damaged and she reported this to the Council. Miss X says the Council carried out work after it identified the fault with the highway drainage system.
- Councils as highway authorities have a duty to maintain the public highway and this includes providing drainage. They have no duty to owners of property and any claims resulting from highway drainage or run-off are civil matters.
- It would be reasonable for Miss X to apply to the civil court to establish liability in this case.
Final decision
- We will not investigate this complaint about how the Council dealt with drainage and flood damage. The complainant has an alternative remedy through the civil courts, and it would be reasonable for them to use this.
Investigator's decision on behalf of the Ombudsman