The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Mr X’s reports of water ingress into his property. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains the Council has failed to take action to resolve a statutory nuisance he is experiencing from water entering his property. He says it has failed to follow up matters despite the relevant utility company stating the Council had responsibility.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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
The Council investigated Mr X’s reports of water entering his property and liaised with the relevant utilities company. However, having done so it found no source of nuisance against which it could serve an abatement notice and no specific drain or pipework defects. It told Mr X it is possible the water is the result of rising groundwater rather than any leaking pipework or sewage system.
While the Council’s findings are disappointing for Mr X, there is no evidence to suggest fault in the way the Council has dealt with matters. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman