Summary: We will not investigate this complaint about the Council’s actions to address flooding. This is because there is not enough evidence of fault.

The complaint

1. Mr X complains the Council has failed to address blocked drains over the past five years resulting in a road regularly flooding and then freezing in winter, causing a hazard.

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The Ombudsman’s role and powers

2. 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)
3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Although Mr X says the issue has been ongoing for five years he did not contact the Ombudsman until February 2026. I see no good reason to consider matters that arose more than 12 months previously.
8. Mr X complained to the Council about a leak from a manhole resulting in flooding to the road.

9. The Council explained this was a third party asset it had no control over or duty to maintain. However, it would encourage the third party to resolve the issue and it would ensure it gritted the road in winter.

10. There is no evidence the Council’s assets or blocked drains are the cause of the flooding. And the Council had no control over third parties. There is not enough evidence of fault by the Council to justify an investigation.

11. If Mr X considers the Council has failed to properly maintain its highway he has the right to apply to a Magistrates’ court for an order requiring the Council to take whatever action is needed to bring the highway up to standard. It is reasonable for him to use this right so we will not investigate.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman