Summary: We will not investigate Ms X’s complaint rainwater from the highway was flooding her garden. There is not enough evidence of fault to justify our involvement.

The complaint

1. Ms X complained that rainwater from the highway had flooded her garden and a ditch. She said the build-up of grit in the ditch was blocking the flow of water into her septic tank. Miss X said the problem occurred when there was heavy rainfall. She wants the Council take action to prevent her garden from flooding.

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The Ombudsman’s role and powers

2. We investigate 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 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

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

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My assessment

5. In its complaint response the Council explained that any issues Ms X had with her septic tank were a civil matter. It said the riparian landowner was responsible for maintaining the ditch and ensuring the water in it flowed freely.
6. In its response to the Ombudsman, the Council confirmed it inspected the drains outside Ms X’s property at the start of 2023. It found these were running freely. It also confirmed it checked the highway drain every two years.
7. We will not consider this complaint further. The Council has taken steps to address Ms X’s concerns. It is satisfied the drains on the highway are flowing freely. It has provided advice around the flooding of the ditch. There is not enough evidence of fault in how the Council has acted to justify our involvement.

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Final decision

8. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman