Summary: We will not investigate this complaint about highway repair and maintenance. There is not enough evidence of fault to justify investigating.

The complaint

1. Mrs Z complains the Council has failed to provide enough road drainage, placing her home at risk of 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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B)

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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

5. I considered information provided by Mrs Z and the Council
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Council’s must make reasonable arrangements to clear water from the highway. The Council says it has cleared and cleaned the highway drains and gullies, constructed a new gully near Mrs Z’s house and investigated the cause. In its opinion, the road floods because the water company’s sewers cannot cope with heavy rain. The Council says it has done everything it can and has met with the water company about the issue.
8. Mrs Z says the Council should do more, but as the Council has properly looked into Mrs Z’s concerns, there is not enough evidence of fault.
9. Further, if Mrs Z believes the Council has failed to maintain the highway, she can apply to the magistrate’s court for an order to be made under section 56 of the Highway Act 1980. This order will require the Council to carry out the work needed to the highway.

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Final decision

10. We will not investigate Mrs Z’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman