The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to regularly maintain the drainage structures near Mr X’s property. This is because an investigation would not lead to a different outcome and we cannot achieve the outcome Mr X wants.
The complaint
Mr X complains the Council failed to regularly maintain the drainage structures near his property. He says this caused him financial loss and physical ill health as he has had to maintain them himself.
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: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council visited the site and acknowledged the drainage structures were heavily silted which reduced the ability for water to drain from the carriageway.
The Council arranged to complete works to ensure the structures were cleared to allow water to reach the culvert, and to ensure water can drain effectively. The Council also committed to monitoring the surface water drainage during and after the works to ensure any further works that might be necessary were identified.
Further, the Council confirmed it would write to all landowners to remind them of their responsibilities as riparian owners to keep all ditches free from obstruction.
There is nothing further an investigation could achieve as the Council has agreed to carry out the works needed to fix the issues and to monitor the site.
We note Mr X asked the Council for compensation for the time he had to deal with maintaining the drainage structures himself. We cannot achieve this remedy as we do not make recommendations for compensation. The Courts are the appropriate route should Mr X wish to pursue this.
Final decision
We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome and because we cannot achieve the outcome Mr X wants.
Investigator's decision on behalf of the Ombudsman