The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to take action to address flooding at Ms X’s property. This is because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.
The complaint
Ms X complains the Council has failed to take action to address flooding which has affected the rear garden of her property. She is unhappy with the response from the Council which said the issue is a private one.
The Ombudsman’s role and powers
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X sought help from the Council in relation to flooding she experienced on land in her rear garden. The Council told her the matter was a private one and that landowners were responsible for the maintenance of watercourses, including drains, on their land and that as the Council did not own any land in the area, it had no responsibility for it.
While Ms X may be disappointed with the response she received from the Council, and there was some delay in it responding to her complaint, there is no evidence to suggest fault which warrants an investigation.
Final decision
We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman