on the lessons that can be learnt from our complaints about end of life care given in care homes and in the home.
Category : Environment and regulation > Drainage Decision : Closed after initial enquiries Decision date : 04 Feb 2026 The complaint
The Ombudsman’s role and powers
H ow I considered this complaint
My assessment
Final decision
The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council causing damage to his property. This is because there is another body better placed to consider his complaint and so we cannot achieve the outcome he wants.
The complaint
Mr X complained the Council damaged his property whilst it was unblocking his next-door neighbour’s drain. He said as a result, the hatch has been left unsealed releasing an unpleasant smell and presenting a trip hazard. He wants the Council to fix the damage.
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, or we cannot achieve the outcome someone wants.
(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
We will not investigate Mr X’s complaint as we would not be able to establish whether the Council damaged Mr X’s property. Such matters can only be decided by insurers or the courts. We therefore would not be able to achieve the outcome Mr X wants. It would be reasonable for Mr X to submit a claim via the Council’s insurers.
Final decision
We will not investigate Mr X’s complaint because there is another body better placed to consider his complaint and so we cannot achieve the outcome he wants.
Investigator's decision on behalf of the Ombudsman