Summary: We will not investigate this complaint about house flooding allegedly caused by a Council failure to clear road drains. This is because we generally consider it reasonable for someone to take legal action in these circumstances. We also cannot add to the action the Council has undertaken to carry out in response to the complaint.

The complaint

1. The complainant (Mr B) complains about the Council not unblocking drains along his residential road. He says the alleged fault has caused house flooding and damage to property. As a desired outcome, Mr B wants the Council to clear the road drains to prevent flooding.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement; or
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

3. 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

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. I recognise Mr B’s concerns centre on damage, or future damage, to his property as a result of flooding being caused by blocked road drains. A local resident may complain to us that a council matter which has caused or will cause damage to them or to their property. We are unlikely to pursue such complaints as we generally consider it reasonable for someone to take legal action in such circumstances. The law says we cannot normally investigate a complaint when someone could reasonably take the matter to court. Where damage has been caused to Mr B’s home, then the restriction I outline at Paragraph 3 applies.
6. I have however considered the Council’s responses to Mr B and its engagement with him in respect of its responsiveness to flooding. In response to Mr B’s complaint, the Council informed him that following periods of heavy rainfall, a number of roads in the area had been severely impacted by flood water. It said its drainage team had been working to resolve blocked road drains in each location though attendance has been prioritised based on the level of flooding risk. Further, the Council told Mr B it had undertaken an assessment of the drains along his road and found its machinery too large to access. The Council explained it is working with its supply partners to obtain a smaller vehicle.
7. The Council has apologised to Mr B for a lack of communication with him and so I do find fault. However, I do not consider this has caused a significant enough injustice to justify our involvement. I also cannot add to the Council’s intended course of action so to facilitate drain clearing along his road going forward.

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Final decision

8. We will not investigate this complaint because we consider it would be reasonable for Mr B to take action through the courts for any damage to his home. We also cannot add to the Council’s intended course of action so to drain clearing along his residential road going forward.

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Investigator's decision on behalf of the Ombudsman