Summary: We will not investigate Mr X’s complaint that the Council allowed a utility provider to damage his drainage pipe and has refused to attend mediation to discuss a resolution. This is because the matter concerns a dispute over liability for property damage and it would be reasonable for Mr X to take the matter to court.

The complaint

1. The complainant, Mr X, believes the Council is liable for damage to drainage infrastructure which carries rainwater from his property to the public highway. He complains the Council failed to control the utility provider it blames for the damage and that it has refused to attend mediation with him to resolve the issue.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. This complaint stems from a dispute between Mr X and the Council regarding liability for damage to private drainage infrastructure which ran underneath the public highway and served Mr X’s property. The Council denies responsibility for the damage but Mr X is convinced it is liable. Mr X would like the Council to attend mediation to resolve the issue but the Council has declined.
5. There is no requirement for the Council to attend mediation with Mr X so it is not fault to decline his invitation. It is also unlikely mediation would resolve the issue as the Council has explained the reasons it considers it is not liable and has set out why it will not carry out further works or provide compensation for the matter as Mr X would like.
6. If Mr X is not satisfied with the Council’s position it would be reasonable for him to make a claim to the Council’s insurers and take the matter to court. The courts are better placed to decide if the Council is liable for the damage and, if so, whether Mr X is entitled to compensation.
7. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

8. We will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman