The Ombudsman's final decision
Summary: Mr X complains about the Council’s failure to accept responsibility for the flooding which affected his property caused by full and overflowing drains. We will not investigate the complaint because Mr X has a legal remedy through the courts which places the complaint outside our jurisdiction.
The complaint
The complainant, who I refer to as Mr X, says the Council is wrong to deny responsibility for the flooding which affected his property and which was caused by full and overflowing highway and local road drains.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council that its failure to clear blocked drains and a drainage channel caused flooding to his property. The Council did not accept Mr X’s view and its investigation established the cause was more likely to be a combination of a number of factors including the severity of the conditions, topography/water catchment, local drainage systems and the low-lying position of his property.
It told Mr X it had cleared the ditch in question, had improved the gully cleaning system in the area and would continue to look for further opportunities to improve the mitigation of surface water run-off.
Mr X disagrees with the results of the Council’s investigation and seeks financial compensation. However, this is a matter for the courts to determine and not the Ombudsman. As Mr X has an alternative remedy through the courts which we would reasonably expect him to use, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
We will not investigate Mr X’s complaint because Mr X has a legal remedy through the courts which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman