Summary: We will not investigate this complaint about highways drainage maintenance because the courts are better placed to consider the complaint.

The complaint

1. Mr Y complained the Council failed to unblock a drain on the road which caused his property to flood and became a hazard when the water froze.
2. Mr Y says he eventually had to hire a private company to unblock the drain in January 2024 after the Council failed to resolve the issue, causing him inconvenience, and costing him money.

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The Ombudsman’s role and powers

3. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr Y reported to the Council that his property had been flooded, due to a blocked drain on the road outside his home in December 2023. It agreed to deal with the issue in a letter later that month. However, before the Council was able to unblock the drain in February 2024, Mr Y paid a private company to clear drains. He made a claim to the Council for the cost of the works. The Council rejected the claim in July 2024, so Mr Y approached us.
6. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or if liability is disputed, as it is here, by the courts.
7. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs or for clearance of the drains, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.

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Final decision

8. We will not investigate Mr Y’s complaint because the courts are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman