The Ombudsman's final decision
Summary: We will not investigate this complaint about the maintenance of a sewage treatment works. This is because it would be reasonable for Mr X to take the matter to court.
The complaint
Mr X complains the Council, has failed to properly maintain a sewage treatment works servicing his property.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
The foul water from Mr X’s property is treated at a sewage treatment works, which a company manages on behalf of the Council. The sewage treatment works cover the foul water for several neighbouring properties.
The residents of properties served by the sewage treatment works are required to contribute to the maintenance costs. The Council say the works require renovation and have warned Mr X and others they will be charged a portion of the renovation costs.
Mr X complains the Council has not adequately maintained the sewage treatment facility.
The Council do not agree the sewage treatment facility has not been adequately maintained.
The Ombudsman is unable to decide disputes regarding repair liability or negligence in the maintenance of sewage treatment works. This would be for the courts to consider, as they can decide liability and contractual responsibilities, where we cannot. This matter is therefore better addressed by the courts, which have the legal authority to determine such disputes. It would be reasonable for Mr X to bring this matter to court. We will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because it would be reasonable for him to ask the court to decide whether he is liable to pay towards the cost of renovating the sewage treatment works.
Investigator's decision on behalf of the Ombudsman