Summary: We will not investigate Mr X’s complaint about the Council’s handling of matters related to a blocked drain affecting his property. It is reasonable to expect Mr X to take the matter to court.

The complaint

1. Mr X complains the Council failed to properly investigate reports of a blocked drain since 2022 in a timely way. He says the blocked drain has damaged his property.
2. Mr X also complains about the Council’s refusal to accept liability for any damage to his property.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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))
6. 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)

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How I considered this complaint

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X says the Council has failed to respond to his reports of a blocked drain since 2022. He complained to us in January 2025. I will not investigate Mr X’s complaint about the Council’s actions from 2022 and up to the end of December 2023. This part of Mr X’s complaint is late and there are no good reasons why he could not have complained to us within 12 months.
10. The Council denied liability and refused Mr X’s compensation claim. It is reasonable to expect Mr X to take the matter to court. The courts are better placed to make decisions on liability and compensation claims.

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Final decision

11. We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman