The Ombudsman's final decision
Summary: We will not investigate this complaint about drainage because the courts and insurers are better placed to consider the complaint.
The complaint
Mrs Y complained the Council has failed to prevent rainwater flowing from the park next to her property, causing damage to her property when there is heavy rainfall.
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)
How I considered this complaint
I considered information Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
Mrs Y says her property has been caused damage due to the poor drainage on the parkland next to her house owned by the Council. She says this has led to severe flooding in her garden, damp and mould in her home and she is concerned her home will be flooded whenever there is more rainfall.
The Council has said the flooding was caused by significant heavy rainfall and not due to a lack of drainage in the park.
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. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to her property, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts and the Council’s insurers. It is therefore reasonable for Mrs Y to pursue this claim through either the Council’s insurer or the courts. We will not investigate this complaint.
Final decision
We will not investigate Mrs Y ’s complaint because there is another body better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman