Bournemouth, Christchurch and Poole Council (25 012 464)
Category : Transport and highways > Traffic management
Decision : Closed after initial enquiries
Decision date : 06 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s management of highway drainage which causes run-off onto Mr X’s property. It is reasonable for him to make a claim against the Council for any damage.
The complaint
- Mr X complained about the Council installing a pedestrian crossing which he says has altered the highway drainage and resulted in flooding of his property by run-off during severe weather. He says the Council should resolve the drainage problem or move the crossing and re-instate the previous highway layout.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council installed a pedestrian crossing near his home which has resulted in flooding of his property during severe rainstorms. He says this did not happen previously and believes the changes to the highway drainage have caused this.
- The Council says it has checked the drains for blockages and installed further drainage works. It says it cannot guarantee that any highway drainage will cope with severe weather and in recent years there have been more frequent heavy rain incidents.
- We will not investigate this complaint because the Council only has a duty under the Highways Act 1980 to ensure that the highway is not blocked or restricted for users. The duty does not extend to the owners of adjacent private property. Anyone who is affected by run-off from the highway and believes the highway authority is negligent may make a claim against its public liability insurance for damages. If the Council’s insurers reject the claim they have a legal remedy in the courts as a civil matter.
Final decision
- We will not investigate this complaint about the Council’s management of highway drainage which causes run-off onto Mr X’s property. It is reasonable for him to make a claim against the Council for any damage.
Investigator's decision on behalf of the Ombudsman