The Ombudsman's final decision
Summary: We will not investigate this complaint about drainage. This is because the complaint between 2014 and 2020 is late with no good reason to investigate it now. For the complaint dating from 2021 the courts are better placed to consider the complaint and we are satisfied with the actions the Council has taken to resolve the issue.
The complaint
Mr Y complained the Council failed to deal with a blocked drain close to his home since 2014 and it has then failed to deal with damage to his property following flooding from the drain.
Mr Y says this has led to his property being damaged and is seeking financial compensation for this.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended) 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)
How I considered this complaint
I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y says he first complained to the Council in 2014 about a drain near his home which has been blocked. He made further complaints in 2017 and more recently in Autumn 2021. The Council responded in October and November. It carried out a site visit, cleared gullies near the drain and agreed to raise the kerbside. It also said it would investigate further.
The Council then responded further in February 2022. It said it had inspected the drain and found it block and had jetted it to remove the blockage. It then referred Mr Y to us.
Analysis Mr Y has complained that between 2014 and 2021 the Council has failed to deal with his complaint about a blocked drain. As Mr Y has been aware of his complaint for over 12 months, it is late, as explained in paragraph four.
We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Ms Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner if he was unhappy with the Council’s response to his original complaint. Consequently, we will not investigate this late complaint.
Mr Y’s injustice largely relates to the damage to his property, by water which has not been able to drain away elsewhere. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
Consequently, any claim for damages, such as costs for repairs, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate the complaint that the Council has failed to deal with damage to Mr Y’s property.
Mr Y also made a complaint about the drainage being blocked in Autumn 2021. In response to his complaint the Council has acted, as explained in paragraph six and seven, to clear the blockage and resolve the problem to prevent the highway from flooding as is its duty. As the Council has responded in this way to remove the blockage, I am satisfied with its actions as a remedy to the complaint.
Investigator's decision on behalf of the Ombudsman