The Ombudsman's final decision
Summary: We will not investigate this complaint about drainage. That is because there is insufficient evidence of fault to justify our involvement.
The complaint
Mr X complained that works completed by the Council had resulted in water being redirected into a ditch that did not have capacity to deal with the increased flow of water. He said that action was putting properties at risk of flooding. He said the Council’s contractors (the Contractor) had visited site four times but had only partially fixed the problem. He wants the Council to redirect the flow of water by installing pipes.
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 not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council at the end of June 2022. He said the Council had completed resurfacing work to the highway that resulted in downstream flooding. He said the Council had also completed work in June that resulted in water being redirected into a ditch above his property boundary.
The Council’s complaint response indicates the Contractor visited site. It agreed to clear the ditch. It said the work it completed had not increased the flow of water.
Mr X complained further after the contractor removed soil from the ditch but did not remove it from site. The Council responded. It said the Contractor would remove the soil but said that was not the responsibility of the Council but the landowner. It said it would clear the soil within two months of its response.
We will not investigate this complaint further. Following Mr X’s complaint, the Council has taken remedial action, therefore there is insufficient evidence of fault to justify investigating. In addition, we cannot direct the Council to complete the specific work, that Mr X feels is required. Therefore, we cannot achieve the outcome he wants.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman