The Ombudsman's final decision
Summary: We will not investigate this complaint about Council liability for the regular flooding of Mr X’s property which takes place. This is because Mr X has a legal remedy against the Council which we would reasonably expect him to use and so places the complaint outside our jurisdiction.
The complaint
The complainant, who I refer to as Mr X, says the Council is responsible for addressing the regular flooding of his property which arises when water flows off the highway due to inadequate drainage. He wants the Council to act to stop the flooding and to pay substantial compensation.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council, including its response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Since buying his new build property over 45 years ago, Mr X’s property has suffered from flooding once or twice a year.
He has approached the Council and its predecessor, the water company and the Environment Agency over the years but the problem has not been resolved.
In response to a recent complaint Mr X made to the Council, it explained that it could not help and that the most appropriate resolution to the problem continued to be direct contact with the water company.
While I understand Mr X’s frustration that flooding continues to affect his property, he has a legal remedy against the Council which we would reasonably expect him to use if he wants to challenge its legal position. As he has this alternative remedy available, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Mr X’s complaint because he has a legal remedy against the Council which we would reasonably expect him to use and so places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman