Summary: We will not investigate this complaint about highway drainage because there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs Y complains the Council has failed to repair a pipe which connects the drain to a gulley, causing flooding onto Mrs Y’s driveway. Mrs Y says the issue causes her worry and concern that her property will flood.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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))

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How I considered this complaint

4. I considered information Mrs Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. The Council has carried out multiple site inspections of the drain Mrs Y has complained about. It has used its professional expertise to decide what action is required and has taken the steps it has deemed appropriate. It has also agreed it will further repairs in the future.
6. As the Council has considered the issue using its professional opinion and relevant information from the site inspections, it has made the decision properly so there is not enough evidence of fault to justify investigating.

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Final decision

7. We will not investigate Mrs 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