Summary: Mr B complains that the Internal Drainage Board acted negligently in the way it maintained drains connected to his land, resulting in flooding and damage. The Ombudsman will not investigate this complaint. This is because it is reasonable for Mr B to use the legal remedies available to him.

The complaint

1. The complainant, whom I shall call Mr B, is unhappy at the way in which the drains connected to his land were maintained. He says this resulted in flooding, damage and loss of income. Mr B believes the Internal Drainage Board were negligent.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered the information Mr B gave to the Ombudsman in his complaint. I have also considered the information the Council provided.
5. Mr B has also had an opportunity to comment on my draft of this decision.

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What I found

6. Mr B pays the Internal Drainage Board (IDB) of Warboys, Somersham and Pidley to manage the water levels around his farm.
7. Land owned by Mr B flooded following inclement weather. This resulted in damage to Mr B’s land and subsequent loss of income.
8. After investigation, Mr B discovered that drainage sluices connected to his land had not been opened and as a result this prevented water flowing away.
9. Mr B complained to the IDB about a lack of proper maintenance but his complaint was not upheld. The IDB stated in its response that there was no failure on its part and that the issues were caused by unusual weather patterns and inadequacy of land drains.
10. Mr B seeks a considerable financial sum in compensation for the damage to his land and the subsequent loss of earnings he has suffered.

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Analysis

11. In paying for the IDB to manage water levels around his farm Mr B effectively entered into a contract with the IDB.
12. The courts, not the Ombudsman, decide claims about breaches of contract and negligence, as well as the appropriate award of financial damages. This means that the complaint is not within our jurisdiction.
13. If Mr B believes the IDB failed to provide what it should have done under the contract, he can seek a remedy through the courts. He may also make a claim against the IDB’s insurance.
14. It is not unreasonable in the circumstances to expect Mr B to use the remedy available to him.

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Final decision

15. The Ombudsman will not investigate this complaint. This is because it is reasonable for Mr B to use the legal remedies available to him.

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Investigator's decision on behalf of the Ombudsman