Summary: We will not investigate this complaint about major repair works carried out by the Council, which Mrs X says caused subsidence and damage to her driveway. This is because the complaint is late and there are no good reasons to investigate the complaint now.

The complaint

1. Mrs X complains about ground subsidence affecting her property after the Council excavated then relayed her driveway as part of major repair works. She says there is now constant flooding in her back yard when it rains. Mrs X says, as a Disabled person, this poses a hazard when trying to access her bins. Mrs X complains the flooding causes algae and waste to pool and the surface is slippery, which creates a fall risk.

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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. 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)
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Based on the evidence I have seen, the Council carried out the major repair works in 2021. Mrs X did not complain to the Ombudsman about the impact of these works until November 2025. This complaint is late and I have seen no good reasons to consider the complaint now. Mrs X could have complained to us much sooner if she wished for the Ombudsman to consider the complaint.
8. Also, if Mrs X thinks the Council is liable for damage to her property, it is reasonable to expect Mrs X to take the matter to court. Only a court can decide if a council is liable for the damage and what compensation must be paid. We cannot determine such legal matters and have no powers to enforce an award of damages.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate this complaint about major repair works carried out by the Council, which Mrs X says caused subsidence and damage to her driveway. This is because the complaint is late and there are no good reasons to investigate the complaint now.

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Investigator's decision on behalf of the Ombudsman