Summary: We will not investigate this complaint about highway maintenance because the Council complained about is not responsible for the issue being raised.

The complaint

1. Mr Y complained the Council has not repaired a broken culvert under the highway near his home which is causing problems with flooding outside Mr Y’s property.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

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

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My assessment

4. The County Council as a local highways authority has a statutory duty to maintain adopted streets. The Council is expected to routinely monitor the state of highways, depending on their classification and carry out repairs where necessary. This includes drainage of water from the road.
5. In this case, Mr Y has complained about a Council which is not his local highways authority. It is therefore not responsible for the maintenance of the roads and the road drainage in his area. Consequently, as explained in paragraph two, we cannot investigate.

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Final decision

6. We will not investigate Mr Y’s complaint because the Council complained about is not responsible for the issue being raised.

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Investigator's decision on behalf of the Ombudsman