Summary: We will not investigate this complaint about water from the highway because there is not enough evidence of fault to justify investigating and the courts are better placed to consider the issue.

The complaint

1. Ms Y complains the Council has failed to ensure water from the highway does not enter Ms Y’s property. Ms Y says during periods of heavy rain, water blocked her drainage gutters with mud and debris, causing her inconvenience and worry.

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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:

• there is not enough evidence of fault to justify investigating, or
• 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

3. I considered information Ms Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

4. Ms Y says that during period of heavy rain, water from the highway flows onto her driveway, causing a blockage in her drainage gutters, which she then has to empty and clean, at times on a weekly basis. She has complained to the Council, who has said that the issue has been likely caused by a development of houses near to Ms Y’s property, which has changed how the land near her drains.
5. A highway authority, such as the Council, has a duty to make reasonable arrangements to get rid of water which has fallen directly onto a highway. However, it has no duty over water which has run onto the highway from surrounding land. It also does not have a duty to prevent water from draining onto adjacent land. Consequently, as there is no requirement for it to do so, there is not enough evidence of fault to justify investigating Ms Y’s complaint that the Council is failing to stop water from entering Ms Y’s property. We will not investigate.
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 cannot decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to Ms Y’s drainage, which Ms Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Ms Y to pursue her claim through the courts. We will not investigate this complaint.

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Final decision

8. We will not investigate Ms Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman