The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s maintenance of a watercourse near his home. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains the Council has failed to adequately maintain or complete repairs to a watercourse near his home. He says this is increasing the risk of flooding. He wants the Council to complete the necessary repairs and maintain the watercourse.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council is responsible for the maintenance of a watercourse near Mr X’s home. He says he has been asking the Council to complete repairs to the watercourse for five years.
We cannot investigate the Council’s actions before 2024 as a complaint about this is late. If Mr X was dissatisfied with the Council’s actions before 2024, he could have approached us sooner.
Mr X complained again to the Council in 2024. It its responses, the Council set out what action it had taken over the previous 12 months and planned works moving forward.
We will not investigate this complaint as there is insufficient evidence of fault. Although I appreciate Mr X wants the Council to do more, it is for the Council to decide what action to take. We cannot criticise the Council’s decision making just because Mr X disagrees with it. The Council has appropriately explained its decision making and its proposed actions to Mr X. There is insufficient evidence of fault to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because part of the complaint is late and there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman