Summary: We will not investigate this complaint about the Council’s refusal to install a grill or gulley around the drain in the highway outside the complainant’s home. There is insufficient evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X complains the Council refuses to install a grill or gulley around the drain outside his home.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X bought his home in 2023. He says the seller provided incorrect information when they stated the property and garden had never flooded. He says when it rains water pools quantities outside his property. He says the drain outside his home does not catch most of the water that routinely heads towards property which enters a catch pit in his garden which has limited capacity.
6. From the Council’s responses it appears the developer which built Mr X’s home failed to build a crossover outside Mr X’s home. Mr X says this means the drain is not adequate. However, the Council has inspected the site and is satisfied the drainage system is in working order. It also confirms the local water company is responsible for ensuring the area it serves drained effectively.
7. Mr X’s home was built some years ago, so any failure by the developer to install the vehicle crossover included in the approved plans is immune from planning enforcement action.
8. Any failure of the seller to provide accurate information about the property is not a matter for the Council.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman