Summary: We will not investigate this complaint about the way the Council considered Mrs X’s reports of water from a drain damaging the private road where she lives. We have not seen enough evidence of fault in the Council’s actions. And we cannot decide who owns the drain.

The complaint

1. Mrs X complains the Council denies responsibility for a blocked drain. She says water from the blocked drain is damaging the private road where she lives and is flooding her home.

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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
• we could not add to any previous investigation by the organisation.

(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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X lives on a private road.
6. Mrs X told the Council that water from a drain beneath her road was damaging the road and flooding her home and garden.
7. In response to Mrs X’s concerns the Council acknowledged that water from the public highway discharges into the drain beneath her road. However, it confirmed it does not own the drain.
8. The Council visited the site and ensured that all highway owned drains flowing into the drain under Mrs X’s road were clear. It also wrote to the landowner who owned the drain and reminded them of their responsibilities to maintain it.
9. I understand the local water company has advised Mrs X that the drain under the road is a ‘highways drain’. However, the Council says this is incorrect and stated it does not own this drain and is not responsible for maintaining it.
10. Highway drains often discharge into private drains. But the highway authority only holds a legal right to discharge water into the drain – they are not normally responsible for maintaining or repairing the private drain itself.
11. The Ombudsman cannot establish the ownership of the drain. Our role is to consider whether there was fault in the way the Council considered Mrs X’s reports. From the information I have seen, there is not enough evidence that the Council failed to investigate the ownership of the land drain or remind the relevant landowner of their responsibilities.

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Final decision

12. We will not investigate Mrs X’s complaint. We have not seen enough evidence of fault in the way the Council considered her reports of water from a private drain damaging the road where she lives and flooding her home. Also, we cannot establish ownership of the drain under the road.

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Investigator's decision on behalf of the Ombudsman