Dorset Council (22 012 533)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 05 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about highways drainage. This is because the courts are better placed to consider the complaint.
The complaint
- Mr Y complained the Council has been diverting highways drainage into his property, causing flooding and damage to his home.
The Ombudsman’s role and powers
- 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- Mr Y complained to the Council in November 2021. The Council responded at the end of November 2021. It denied fault and said it was not responsible for the flooding to Mr Y’s home. It also said Mr Y had made an insurance claim against the Council for the damage to his property. The Council referred Mr Y to us at the end of its response. Mr Y approached us in December 2022.
Analysis
- The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
- We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue his claim through the insurers, as he has begun to do, or the courts. We will not investigate this complaint.
Final decision
- We will not investigate Mr Y’s complaint because there is another body better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman