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

The complaint

1. Mr Y complained the Council has failed to adequately maintain drain gullies on the highway, leading to damage to his property and in September 2024 the flooding of the ground floor of his property, causing significant damage.
2. Mr Y says this has caused him and his spouse deep upset and damage to his property which is estimated to cost over £100,000 to repair. He says he can also not currently fully occupy his home due to the damage.

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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 and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y has said his property has been significantly damaged due to the flooding. He holds the Council responsible for this flooding, due to a lack of action.
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. These are legal claims which may only be determined by insurers or the courts.
7. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to his property, 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 and insurers are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman