Summary: We will not investigate this complaint about the Council’s decision not to investigate the source of water flooding on the highway outside the complainant’s house. We have not seen enough evidence of fault in the Councils actions. The water originates from private property. The Council is not responsible for carrying out investigation works on private property and we cannot require it to carry out such an investigation.

The complaint

1. Ms X complains the Council failed to respond to her concerns about its requirement that she acts to stop water flowing from her property onto the highway. She wants an investigation carried out to establish the source of the water and who is responsible for repairs.

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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, or
• we cannot achieve the outcome someone wants.

(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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X became aware of a problem with water flowing onto the public highway outside her home. She contacted the local water authority who investigated and concluded it was a ground water issue under the pavement. They advised her to contact the Council.
6. Ms X commissioned an investigation. The investigator’s report says it is ‘inconclusive if the stream of water is from a water supply leak at a neighbouring property or from saturated ground.’
7. Ms X says the Council failed to respond to her concerns. She therefore made a complaint.
8. The Council’s stage one response confirmed the water originates from private land, not the public highway. Therefore the Council says it is not responsible for remedial work which is the responsibility of the property owner.
9. Ms X escalated her complaint. The Council confirmed the water is not a leak, it is ground water rising from private property. It told Ms X it will not investigate and excavate on private land to establish the source or the water. As it has a duty to keep the highway safe, it wrote to Ms X requesting that she act to prevent water discharging onto the highway outside her home.

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Final decision

10. We will not investigate Ms X’s complaint because we have not seen enough evidence of fault in the Council’s action. It is not responsible for investigating the source of the water as it is coming from private ground.
11. We cannot require it to investigate or carry out remedial works on private property.

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Investigator's decision on behalf of the Ombudsman