Summary:  We will not investigate Miss X’s complaint about a highway drainage matter. This is because it is reasonable to expect Miss X to pursue the matter through the courts.

The complaint

1. Miss X complains the Council has not resolved a drainage dispute affecting her property, leading to flooding and damage. She wants the Council to investigate the drainage arrangements and reimburse the costs she has incurred.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act 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)

Back to top

How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X says a drainage pipe beneath her driveway which collects water from the highway has collapsed, is not connected to an outlet, and does not discharge properly, causing her property to flood. She also says the Council agreed to repair the pipe in 2019.
7. In October 2024, Miss X complained to the Council and asked it to establish who is responsible for the pipe. The Council said there was no drainage map and that maintenance and repair of the drainage system was the responsibility of the landowner.
8. Miss X refers in her complaint to the Council’s duty under section 100 of the Highways Act 1980. That section does not impose a duty on the Council but gives it powers to lay drains and discharge water into other drains or inland watercourse for the purpose of draining highways. Although subsection (3) says a relevant authority shall pay compensation if someone claims damage to property caused by its exercise of those powers, only a court of law could decide whether the Council should be liable to do so.
9. It is not therefore for us to decide who is responsible for the drainage or whether the Council is liable for the damage Miss X describes. The Council has investigated the matter and decided to take no further action. If Miss X disagrees, it would be reasonable for her to pursue a claim through the courts, either for damages, or to resolve the dispute over ongoing responsibility. The courts are better placed to determine those questions and can provide a suitable remedy.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because it is reasonable to expect her to pursue the matter through the courts.

Back to top

Investigator's decision on behalf of the Ombudsman