Summary: Mr and Mrs X complained about the Council’s failure to accept liability for flooding into their property from the public highway. The Ombudsman should not investigate this complaint. It was reasonable for Mr and Mrs X to take the claim for damage to the courts which can determine liability for negligence.

The complaint

1. The complainants, whom I shall call Mr and Mrs X, complain about flooding on their property caused by water run-off during heavy rainfall. She says the drains were blocked and this caused the overflow which ran down their driveway. They want the Council to compensate them for damage to items in their garage and home.

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The Ombudsman’s role and powers

2. 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

3. I have considered all the information which Mr and Mrs X submitted with their complaint. I have also considered the Council’s response and Mr and Mrs X have had the opportunity to comment on the draft decision.

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What I found

4. Mr and Mrs X live next to a highway which flooded in 2018 during a severe rainstorm. Their home is lower than the road surface level and blocked drains caused the water to run down their driveway and into their property. Mrs X says she reported the drains being blocked prior to the incident. The Council says the drains were inspected on a schedule and were not reported as blocked at the time.
5. The Council sent Mr and Mrs X’s claim to its insurers who denied liability for the Council. They advised them to seek legal advice if they wished to challenge the decision.
6. The legislation from which the Ombudsman takes his powers also places some restrictions on what he may investigate. One of these concerns negligence claims about damage to property or personal injury. The Ombudsman cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.

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Final decision

7. The Ombudsman should not investigate this complaint. It was reasonable for Mr and Mrs X to take the claim for damage to the courts which can determine liability for negligence.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman