The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has failed to properly clear a blocked culvert which has caused flooding on to Ms X’s property. This is because we are unlikely to find evidence of fault by the Council.
The complaint
The complainant, who I refer to as Ms X, says the Council is wrong to insist that work to unblock a major culvert and nearby pipe has been completed by its contractors when she knows the work has not been done. She says this situation will cause flooding and damage to her property
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
I gave Ms X the opportunity to comment on my draft decision.
My assessment
Ms X is adamant that work required to unblock a culvert and blocked pipe which affects her property has not been completed.
The Council has received confirmation from its contractors that the work has been completed and the site has been visited where it was seen that the culvert was discharging water into the river indicating the watercourse was carrying water.
The Council has satisfied itself with confirmation from its contractors, photographs and a visit to the site that the necessary work has been carried out.
An investigation by the Ombudsman would be unlikely to find fault with the Council or lead to a different outcome so we will not investigate the complaint
Final decision
We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman