The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has managed the flood risks associated with a major infrastructure project. This is because the injustice that Mr X describes, is a matter for the courts. Other elements of Mr X’s complaint are premature.
The complaint
The complainant, who I will call Mr X, complains that the Council ignored information that showed an infrastructure project posed a flood risk. He says the Council’s actions led to his property becoming flooded which in turn has cost him thousands of pounds. Mr X is not satisfied that a draft flood investigation report is inadequate.
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) The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint about the actions of the Council prior to his home becoming flooded. This is because the injustice he describes is a matter for insurers and the courts. Only the courts can determine the issue of liability.
In response to the flood, the Council has started a flood investigation. It says it hopes to issue its final report in the coming months. Mr X says he has seen a draft version of the report and says it is inadequate. I cannot investigate this element of Mr X’s complaint because it is premature. If Mr X is dissatisfied with the report once the final version has been published he can complain to the Council, if dissatisfied with their response he can raise a new complaint with the Ombudsman and ask us to consider this matter further.
Final decision
We will not investigate Mr X’s complaint because the issue of liability is a matter for the courts and other elements are premature.
Investigator's decision on behalf of the Ombudsman