Summary: We will not investigate this complaint about the Council’s arrangements for drainage. This is because there is no significant injustice, and we cannot achieve the outcome that Miss Y seeks.

The complaint

1. Miss Y complains the Council has not adhered to a maintenance plan for drainage that it committed to in 2022. Miss Y is concerned her road may flood, because of poor drainage.

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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:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(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 provided by Miss Y and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss Y said that, as part of a previous complaint to the Council in 2022, it agreed to commit to a maintenance plan for drainage.
6. Miss Y said that the Council has not adhered to the maintenance plan since then, which has caused her frustration.
7. Miss Y raised this with the Council in 2024. When considering Miss Y’s complaint, it acknowledged that it had not adhered to its maintenance plan, offered her an apology and committed to a plan going forward. However, Miss Y disagrees with how the Council is planning to maintain the drainage.
8. We will not investigate this complaint because there is no significant injustice in the Council’s lack of action and nor can we direct the Council on how it should carry out maintenance in these circumstances.
9. In any case, if Miss Y encounters any issues, she has an alternative remedy and can serve a notice requiring the authority to repair the highway, including drainage. The Council must reply, confirming if it is the authority responsible for the highway. If it is, and if need be, Miss Y then then has six months to apply to the Magistrates’ court for an order under the Highways Act 1980 (Section 56).
10. It is reasonable to expect Miss Y to appeal to the court if the drainage issue cannot be resolved with the Council.

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Final decision

11. We will not investigate Miss Y’s complaint because there is no significant injustice, and we cannot achieve the outcome that she wants.

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Investigator's decision on behalf of the Ombudsman