Summary: We will not investigate Miss X’s complaint that the Council has failed to maintain a drain, leading to damage to her property. This is because it is reasonable for Miss X to pursue any claim for repair costs through the court.

The complaint

1. Miss X complains the Council failed to maintain a drain near her property, leading to flooding and damage. She wants the Council to pay her repair costs.

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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)

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How I considered this complaint

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

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My assessment

6. Miss X made a claim to the Council for the repair costs, which the Council refused. It told her its last inspection found the drains needed no attention. Miss X disputes the Council’s findings and says officers told her there was no inspection chamber. She says the Council later installed one and cleaned the drain.
7. If Miss X disagrees with the Council’s position and considers it liable for the damage and cost of repairs it would be reasonable for her to pursue a claim through the courts. The courts are better placed to decide whether the Council has been negligent and is liable for damage. They can also provide a suitable remedy.

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Final decision

8. We will not investigate Miss X’s complaint because it is reasonable for her to take the matter to court.

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Investigator's decision on behalf of the Ombudsman