Summary: Ms X said the drains failed during heavy rainfall which caused flooding in her basement and the manhole cover on her driveway to come off. Ms X complained the Council has not done the repair work which means she cannot use her drive, and she is worried her basement will flood again. She would like the Council to fix the problem and repair the manhole cover. The Council is at fault for delay in carrying out repair works and agreed to a financial remedy for the distress caused.

The complaint

1. Ms X said the work the Council did to the drains a few years ago to divert waterflow, failed during heavy rainfall. This caused flooding in Ms X’s basement and the manhole cover on her driveway to come off. Ms X complains the Council has not fixed the problem and has not repaired the manhole cover which means her basement is liable to flooding during heavy rain and she cannot use her drive. She would like the Council to fix the problem and repair the manhole cover.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

3. As part of the investigation, I have considered the complaint and the information provided by Ms X.
4. I have made enquiries of the Council and considered its response.
5. Ms X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

What happened

6. I have summarised below the key events; this is not intended to be a detailed account.
7. Ms X has a manhole cover on her drive. She said during heavy rain in 2023, the drain flooded, and the manhole cover was blown off. This caused her basement to flood and damaged her drive. She told the Council and asked it to fix the issue.
8. Ms X emailed the Council at the beginning of April 2024 and asked for an update on her case. She explained she reported the issue in July 2023 and in January 2024, the Council said it would complete the works within six weeks. Ms X said this had not happened.
9. A few days later, the Council responded to Ms X. It said it would replace the manhole cover within 8 to 12 weeks. Ms X replied and said it needed more than a new manhole cover, the structure around the manhole cover was damaged and it needed proper repair.
10. Towards the end of April, the Council emailed Ms X and said it planned to replace the manhole cover and the frame. It said it had capped the outlet so less water should be entering the system.
11. In early June, Ms X complained to the Council. In early July, the Council responded to Ms X and upheld her complaint. It apologised for the delay in completing the work. It explained the Highways Officer was waiting for the Legal Officer to arrange an easement agreement before it could do the work.
12. Later in July, Ms X complained to the Ombudsman. She said the Council has not fixed the manhole cover. She said she wants the Council to fix the manhole cover and solve the underlying issue.
13. In September, Ms X instructed a private company to unblock the drain. The worksheet says the drain was 80% full and needed a tanker to unblock it.
14. The Council completed the works to the manhole cover in the middle of October.
15. In response to my enquiries, the Council said it has investigated the area, installed extra drainage to help with capacity and diverted major parts of the drainage system. It said it had not received reports of any issues since it installed the new system.

Is there fault causing injustice?

16. In its complaint response in July 2024, the Council accepted Ms X reported the issue in 2023 and it had not rectified the situation. It apologised for its failure to take action. The Council fixed the manhole cover in October 2024. This is well over a year after Ms X reported the issue. This is significant delay, this is fault. During this time, Ms X has not been able to use part of her drive. This has caused Ms X inconvenience. She has also been concerned the basement will flood again which has caused distress. This is her injustice.
17. The Council has now completed the works to the manhole cover and additional works to the drainage system. This has limited the injustice.

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Agreed action

18. Within four weeks of my final decision, the Council agreed to pay Ms X £250 for the distress caused by delay completing the repair work.
19. The Council should provide us with evidence it has complied with the above actions.

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Final decision

20. I have completed my investigation. The Council is at fault for delay in carrying out repair works.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman