Summary: Mr X complained about the Council’s failure to resolve his complaint about highway run -off and spray from traffic from affecting his property. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X lives close to a road which he says has suffered from flooding for many years. He says the spray from the traffic driving through puddles affects his property and he wants the Council to improve the drainage.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. Mr X has been given an opportunity to comment on a draft copy of my decision.

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What I found

4. Mr X says his home is being affected by traffic splashing collected water off the highway. He says that the land drains in the surrounding area collapsed over 25 years ago with the result that water drains onto the highway and causes pooling. The Council replaced some of the highway drainage in 2018 but it has not remedied the overall problem.
5. The Council says that it maintains the highway drains and it will carry out routine maintenance to clear gullies. It has a duty to maintain the highway for highway users but has no duty to adjacent property owners. The Council says the responsibility for the drainage of the adjacent farmland lies with the landowners. It may consider future action if the drainage affects the highway, but such powers are limited.
6. Damage to property caused by claims of negligence are private matters. If Mr X has evidence that the Council has been negligent, he may submit a claim to its insurers. Councils as highway authorities have a duty to maintain the highway for highway users but that does not extend to owners of land adjacent to the highway.

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Final decision

7. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman