The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s lack of action on the complainants reports of water pooling at a speed bump. The Council has advised it will be designing and costing a scheme to address the problem. We consider further investigation will not lead to a different outcome.
The complaint
Mr X complains the Council has ignored his complaints about damage caused to his home. He says when it rains, surface water pools next to a speed bump located directly outside his house. Passing cars splash water against his walls causing damp.
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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to my enquiries, the Council has advised it has inspected the site. It says it is putting together a scheme to address the issue. Once the scheme has been designed it will contact Mr X.
Final decision
We will not investigate Mr X’s complaint because we do not consider further investigation will lead to a different outcome.
Investigator's decision on behalf of the Ombudsman