Summary: We will not investigate this complaint about highway maintenance. This is because the courts, insurers and tribunal are better placed to consider the issues raised in his complaint.

The complaint

1. Mr Y complained the Council has caused a blockage to a drain outside his home during maintenance works, which caused his home to flood with untreated sewage waste. Mr Y says the blockage was caused after it poured concrete into a drain and then failed to complete a site inspection which would have found the blockage.
2. He also complains that the Council failed to adequately support him, including providing accommodation during the flooding, which caused him and his young family significant upset and inconvenience. He is also unhappy with how his complaint was dealt with.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
5. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

7. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

8. Mr Y says the Council resurfaced the road outside his property. He says in the process it poured excess concrete down a main drain, blocking it and causing it to flood. Mr Y says his property was then flooded with untreated sewage. He says the problem could have been prevented if a site inspection had been carried out as this would have found the poured away concrete before the flooding occurred and caused damage to his property.
9. Mr Y has complained to the Council about this and been in contact with his local water and drainage company and insurers. He is also unhappy that the Council did not support him and his family, despite in his view having caused the problem, by provided for example alternative accommodation. He wants the Council to pay him substantive compensation and to refund him for the council tax he paid for 49 days, during the main period he says he was inconvenienced for. Mr Y approached us in February 2023.

Analysis

10. Mr Y says that actions the Council both took and did not take have led to damage being caused to his property because of flooding and wants compensation for the impact on him. This is known as a claim for negligence.
11. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
12. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs or for the impact he says was caused to his family in the immediate aftermath, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.
13. Mr Y has also told us he would like a refund for the council tax he paid to the Council during the period he was most inconvenienced by. If he wishes to challenge liability for the council tax, he would need to approach the Valuation Tribunal, who consider such matters.
14. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. This is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service.
15. Consequently, it is reasonable to expect Mr Y to use his right to appeal his liability to the Valuation Tribunal if he wishes. Therefore, we will not investigate this complaint.
16. Mr Y has also complained about how his complaint was handled by the Council. As we are not considering the substantive matters in this complaint, it is not a good use of public resources to investigate how the Council has responded to the complaint. We will not investigate.

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Final decision

17. We will not investigate Mr Y’s complaint because the courts, insurers and tribunal are better placed to consider the issues raised in his complaint.

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Investigator's decision on behalf of the Ombudsman