Summary: Mr X complains the Council will not repair a damaged pipe which runs under his land but for which the Council has responsibility. The Ombudsman will not investigate the complaint because it falls outside our jurisdiction as Mr X has an alternative remedy to challenge the Council’s refusal to repair through the courts.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has told him it is not responsible for a section of highways sewer which runs under his land even though he has provided evidence which suggests it is responsible. The broken pipework sits directly below Mr X’s patio and is causing the ground to sink.

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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. 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

4. In considering the complaint I reviewed the information provided by Mr X and the Council. I gave Mr X the opportunity to comment on my draft decision.

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What I found

5. Mr X has a highways sewer which runs under the corner of his garden and discharges into a brook. He does not benefit from the pipework as it serves the drains in his local area.
6. His patio sits above the pipework and due to damage to the pipe soil is being washed away and causing the patio to sink.
7. Mr X contacted the Council and provided evidence which he believes shows the Council is responsible for the pipework and its repairs. This included a water company’s old records which showed a named local council had been responsible for it and confirmation from that local council that it used to own and maintain the pipe before ownership and maintenance passed to the Council.
8. The Council’s Legal Team considered the evidence provided. However, it decided that, in the absence of any formal agreement to the contrary, the pipework is not the Council’s responsibility and that as it is on Mr X’s private property, the maintenance responsibility lies with him.

Assessment

9. The advice from the Legal Team is clearly disappointing for Mr X. However, if he wishes to challenge the Council’s decision, the courts will make a final determination on the matter. As Mr X has this alternative remedy available to him which we would reasonably expect him to make use of, his complaint falls outside our jurisdiction and will not be pursued.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it falls outside our jurisdiction as Mr X has an alternative remedy to challenge the Council’s refusal to act through the courts.

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Investigator's decision on behalf of the Ombudsman