The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council failed to maintain the road level and drainage, leading to damage to his property. This is because it is reasonable for Mr X to pursue any claim for repair costs through the court.
The complaint
Mr X complains the Council failed to maintain the road level and drainage near his property, leading to flooding and damage. He wants the Council to pay his repair costs and repair the drainage.
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 Act 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has previously made a claim to the Council for the cost of repairs to his property, but the Council refused his claim as it did not accept it was liable for the damage. It offered Mr X £5,000 as a gesture of goodwill, without any admission of liability, but Mr X refused this offer.
If Mr X disagrees with the Council’s position and considers the Council liable for the damage and cost of repairs it would be reasonable for him to pursue a claim through the courts. The courts are better placed to decide whether the Council has been negligent and is liable for damage and they can provide a remedy for the damage. This is not something we can do.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court.
Investigator's decision on behalf of the Ombudsman