The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance because the Council’s insurers and the courts are better placed to consider the complaint.
The complaint
Mrs Y complained the Council had failed to maintain its drainage along her road, causing flooding and damage to her property.
Mrs Y is seeking maintenance work to the drainage to prevent further flooding and for her property to be repaired.
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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
Mrs Y says the Council’s failure to maintain the highway drainage has led to flooding outside her home and damage to her property. She is seeking works from the Council to clean the drain, which it has agreed to do in its complaint response, adding it to its list of drains for cleaning.
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.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to her wall, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mrs Y to pursue her claim through either through the Council’s insurer or the courts. We will not investigate this complaint.
Final decision
We will not investigate Mrs Y’s complaint because the Council’s insurers and the courts are better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman