The Ombudsman's final decision
Summary: We will not investigate this complaint about highway maintenance because there is not enough evidence of fault to justify investigating and there is another body better placed to consider the complaint.
The complaint
Mrs Y complains about the Council’s decision not to level a dip in the road outside her property which she says is causing noise problems. She also complains the Council has not resolved a drainage issue which means water is collecting and beginning to flood her property in periods of heavy rain.
Mrs Y says the problems have caused her and her family worry and inconvenience and caused sleep problems.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered the information Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
Mrs Y complained to the Council about the noise caused by vehicles driving over a dip in the road next to her house following roadworks in August 2021. The Council inspected the dip and found the change in level was not big enough to warrant further levelling. It explained this in its complaint responses in November and December.
Mrs Y also complained to the Council about her driveway flooding due to a problem with drainage in the area. The Council said it had already arranged for an inspection in the area in the coming weeks to inspect the drainage in the area. Mrs Y says she has not received an update about this since the inspections took place. She says she is having to use sandbags to prevent her property from being damaged by the water.
Mrs Y approached us in January 2022.
Analysis We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
As the Council has considered the change in road level during a site inspection and found it to below the necessary level for it to intervene, it has properly considered Mrs Y’s complaint. Consequently, there is not enough evidence of fault to justify us investigating this complaint so we will not investigate.
Mrs Y’s is concerned about any flood water damage to her property due to the poor drainage in her area. While the councils are responsible for drainage the carriageway, they are not responsible for any damage caused to property adjacent to the road from the run-off water. However, Mrs Y may be able to make a claim through her home insurance for the costs of any repairs which may be necessary to her property.
The insurer may then continue Mrs Y’s claim against the Council. If the Council disputes liability for the costs of the repairs, the insurer or Mrs Y herself, may consider pursuing the claim through the courts. The courts can decide who is liable for the costs and if necessary, award damages.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mrs Y to pursue her claim through either her insurer or the courts. We will not investigate this complaint.
Final decision
We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to justify investigating and there is another body better placed to consider the complaint.
Investigator's decision on behalf of the Ombudsman