Summary: We will not investigate this complaint about drainage because another body is better placed to consider the complaint.

The complaint

1. Mrs Y complained the Council has failed to properly investigate and repair a blocked gully and drain outside her home where a pipe has collapsed.
2. Mrs Y says this has led to her property being damaged with water collecting underneath it, causing rising damp and mould. She says it has also led to her having to complete work to her property to help reduce the problems, increased utility bills and she is concerned her property may be structurally affected.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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

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

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My assessment

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 the courts.
7. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to her property or work to clear the mould or damp, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts.
8. The courts can consider whether the Council should have conducted a repair sooner and whether they are liable for the cost of the damage to Mrs Y’s property. This is particularly where there appears to be a dispute over which body or person is responsible for the repairs, which is in dispute in this case, which we cannot decide. It is therefore reasonable for Mrs Y to pursue this claim through either through the Council or her own home insurer or the courts. We will not investigate this complaint.

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Final decision

9. We will not investigate Mrs Y’s complaint because another body is better placed to consider this complaint.

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Investigator's decision on behalf of the Ombudsman