Summary: We will not investigate Mr Q’s complaint about his flooded basement and kitchen. The Council’s insurers are better placed to deal with the matter. And, ultimately, Mr Q may go to court.

The complaint

1. The complainant, who I have called Mr Q, complained that Tameside Metropolitan Borough Council will not properly investigate the cause of recent flooding into his basement and kitchen.

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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)
4. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered the information Mr Q provided. I considered the information the Council provided. I invited Mr Q to comment on a draft of this decision.

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What I found

What happened

6. Mr Q’s basement and kitchen flooded, causing significant damage. He believes a broken culvert to the front of his property caused the flood. The Council does not agree. It said a problem with a reservoir at the back of Mr Q’s property caused the flood. The matter is with Mr Q’s and the Council’s insurers.
7. Mr Q is concerned his property may flood again because of the Council’s failure to properly maintain the culvert. He thinks a previous flood came from the culvert and wants to know more about what happened and what the Council did at the time. Mr Q wants to protect his property from future flooding.
8. The Council said Mr Q’s insurers can provide evidence to support his claim that the culvert caused the flood.

Analysis

9. We will not investigate this complaint.
10. If Mr Q believes the culvert caused the flood his insurers can provide evidence supporting this claim. The Council’s insurers can then consider the matter further. They are better placed to consider the matter.
11. However, Mr Q is, in effect, saying the Council was negligent for failing to properly maintain the culvert to the front of his property. We cannot decide whether a council was negligent. Nor do we have the power to require a council to pay damages. Those are matters for the courts to decide. So it would be reasonable for Mr Q to pursue a claim for damages in the courts if he is dissatisfied with the outcome of his insurance claim.

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Final decision

12. We will not investigate Mr Q’s complaint for the reasons given in the Analysis.

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Investigator's decision on behalf of the Ombudsman