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

The complaint

1. Mrs Y complained then Council failed to properly maintain a culvert underneath a road which subsequently became blocked, causing flooding. Mrs Y says her property has been caused significant damage, including subsidence which now needs repair at a high cost.

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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 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

3. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. 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. These are legal claims which may only be determined by insurers or the courts.
5. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts or the Council’s own insurers to whom Mrs Y can make a claim. We will not investigate this complaint.

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Final decision

6. We will not investigate Mrs 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