Summary: We will not investigate Mr X’s complaint the Council has failed to address a drainage issue. This complaint is late.

The complaint

1. Mr X complains the Council failed to address a drainage issue on his land. He complains the Council failed to disclose information to him and failed to address environmental compliance issues linked to drainage discharge.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X became aware of a drainage issue in late 2023 when he noticed foul smells and flooding. In Autumn 2024 Mr X reported drainage issues to the Council. Two months later the Council’s contractor undertook a site visit to Mr X’s house. The contractor advised him to engage a drainage company to ensure his septic tank was compliant with current legislation.
8. In spring 2026, Mr X complained to the Council. Mr X complained the Council’s pipe is directly connected into his septic tank which causes problems.
9. The Council took legal advice and said Mr X’s septic tank output connects into the Council pipe, but this is not the Council’s responsibility and the Council run off does not drain into Mr X’s land or into his septic tank.
10. I will not investigate this complaint because this complaint is late. Mr X first became aware of drainage issues in late 2023 and reported problems to the Council in late 2024. Mr X complained to the Ombudsman in April 2026 more than two years after he was aware of the problem. We cannot investigate late complaints unless there are good reasons.
11. Even if this complaint was not late, I would not investigate as a Court is better placed to resolve this issue. A Court can make legally binding findings about responsibility, determine any property or drainage rights and order a remedy where appropriate. The Ombudsman does not have the power to determine legal rights, resolve disputes about liability or make binding orders. It would be reasonable to expect Mr X to go to Court as from the evidence I have seen he understands the legal system.

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Final decision

12. We will not investigate Mr X’s complaint the Council has failed to address a drainage issue. This complaint it late.

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Investigator's decision on behalf of the Ombudsman