Summary: We will not exercise discretion to investigate this complaint about the Council’s maintenance of a highway drain near Mrs X’s property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

1. Mrs X complained about the council’s failure to resolve problems with a blocked highway gulley near her home. As a result, she says her home has been affected by dampness caused by run-off from the highway and this has caused expense and is affecting her health.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X reported a highway gulley near her home was blocked in 2024. She says the original report her husband made may have misidentified the drain because the Council subsequently carried out work to one near it but did not clear the blocked one which continued to flood. She says that she has reported the correct drain being blocked over the years and the Council cannot use the original identification issue as a reason to take no further action.
6. We will not investigate this complaint which concerns a matter that Mrs X was aware of more than 12 months before she complained to us. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
7. If Mrs X is continuing to experience dampness in her home which she attributes to the Council’s negligence then she could submit a claim against the Council’s public liability insurance. This remedy was available to her when she first noticed the problems in 2024 and we cannot determine legal claims.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s maintenance of a highway drain near Mrs X’s property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman