The Ombudsman's final decision
Summary: We will not investigate this complaint about highways drainage because the courts are better placed to consider liability and negligence claims.
The complaint
Mr X complains the Council has failed to accept responsibility for drainage that discharges onto his property and causes damage to his garden. He wants the Council to divert drainage away from his property, repair the damage to his garden and provide compensation.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says highway drainage is discharging on his property, causing damage to his garden and posing a safety risk to him and his family. He has raised concerns and made an insurance claim with the Council about the drainage and says it has refused to accept responsibility or liability for the issue.
We will not normally investigate complaints about damage to property. This is because such matters are really negligence claims, which the courts are best placed to consider. And only the courts can decide whether the Council is liable for the costs of any damage. We also have no powers to enforce an award of compensation. We would usually expect someone in Mr X’s position to seek a remedy in the courts, either directly or through his insurers. I do not consider there is any good reason why he should not be expected to do this, so we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because the courts are better placed to consider the issue.
Investigator's decision on behalf of the Ombudsman