The Ombudsman's final decision
Summary: We will not investigate this complaint about drainage because the courts are better placed to deal with the complaint.
The complaint
Mr Y complained the Council failed to carry out maintenance work to two local culverts to drain rainwater under his village, resulting in his property being flooded twice in 2024. He is also unhappy at the lack of proper response to his claim since February 2024.
Mr Y says the issue has caused damage to his property and significant upset, inconvenience and distress to him and his wife.
The Ombudsman’s role and powers
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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y’s property was flooded in early 2024 and in February 2024. He made a claim against the Council’s insurance in February 2024 and received a claim reference number and confirmation the claim had been submitted as part of the process. He has told us he is also now receiving emails relating to a group living in his local area about the flooding and drainage issues. However, Mr Y says he has not heard further about his claim specifically.
The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. These are legal claims which may only be determined by insurers or the courts.
We cannot determine liability claims for negligence and we are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to his property, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts and insurers. It is therefore reasonable for Mr Y to pursue his claim through the insurer or the courts. This can take some time, often in excess of six months. We will not investigate this complaint as the courts and insurers are better placed to do so.
As we cannot investigate the substantive matter, it is not a good use of public resources to investigate how the Council has dealt with Mr Y’s complaint and we will not investigate this.
Final decision
We will not investigate Mr Y’s complaint because the courts are better placed to investigate this complaint.
Investigator's decision on behalf of the Ombudsman