The Ombudsman's final decision
Summary: We will not investigate this complaint about work carried out by the Council which Mr X says has led to more frequent flooding of an area which sits against his retaining wall. This is because Mr X has a court remedy available against the Council which places the complaint outside our jurisdiction.
The complaint
Mr X complains that since the Council carried out works on land behind his property, more frequent flooding of an area which sits against the rear retaining wall to his garden has taken place. He is concerned damage is being done to the wall and that it may collapse at some point in the future.
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 the complainant, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. If he believes the Council is responsible for damage to his property, he can make a claim against the Council’s insurers and if his claim is unsuccessful he can take legal action through the courts.
As Mr X has this remedy available which we would reasonably expect him to use, the complaint falls outside our jurisdiction and will not be pursued.
Final decision
We will not investigate Mr X’s complaint because he has a court remedy available against the Council which places the complaint outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman