The Ombudsman's final decision
Summary: We will not investigate this complaint about drainage. This is because the court is better placed to deal with the complaint.
The complaint
Mr Y complains the Council has failed to deal with a drainage issue since 2015. Mr Y says the Council has failed to maintain a tree which roots have now pierced a pipe, causing flooding. Mr Y also complains the Council has been unhelpful in responding to his complaint.
Mr Y says there has been a significant cost to the residents affected by the flooding, causing upset and frustration.
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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y has been complaining to the Council about the flooding since 2015. The Council has responded at various times. It has referred Mr Y to its insurers if he considers it to be responsible for the cost of fixing the problem. It also referred Mr Y to us in March 2022.
Analysis Mr Y’s injustice largely relates to the damage to the communal property he lives in with other elderly residents and the costs to repair it. Mr Y may be able to make a claim through any insurance he or the owner of the property has for the cost of repairs to the buildings and contents, such as a home insurance provider. Alternatively, Mr Y can make a claim to the Council’s insurer directly for the cost of the repairs.
If the Council disputes liability for the costs of the repairs, the insurer or Mr Y himself, 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 Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue his claim through either his insurer or the courts. We will not investigate this complaint.
As we are not investigating the substantive issue in this complaint it is not a good use of public money to investigate how the Council handled Mr Y’s complaint. Consequently, we will not investigate.
Final decision
We will not investigate Mr Y’s complaint because the courts are better placed to deal with this complaint.
Investigator's decision on behalf of the Ombudsman