Warwickshire County Council (23 016 016)

Category : Transport and highways > Other

Decision : Closed after initial enquiries

Decision date : 30 Apr 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s response to Mr X’s concerns relating to drainage problems in the road by his property. This is because an investigation is unlikely to add to that which has now been carried out by the Council or lead to a significantly different outcome.

The complaint

  1. Mr X complained about the Council’s failure to respond to his communications in relation to drainage problems in the road by his property. He said he wanted the Council to respond as it should have done, to receive a sincere apology and for the necessary work to be carried out to alleviate the drainage problem.

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The Ombudsman’s role and powers

  1. 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:
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X complained to us that the Council had failed to respond to various communications he had sent it over a number of months concerning drainage problems in his road.
  2. In response to our enquiries the Council has now written to Mr X. It has apologised for its failure to respond to him and it has set out the work it has carried out and will carry out going forward.
  3. We do not investigate every complaint we receive, and we will not investigate where an investigation would not usefully add to the Council’s own investigation or lead to a significantly different outcome. Mr X has received an apology from the Council for its failings and it has addressed his concerns about the drainage issues.

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Final decision

  1. We will not investigate Mr X’s complaint because an investigation is unlikely to add to that which has now been carried out by the Council or lead to a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman

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