Summary: The Ombudsman will not investigate this complaint about damage to property from poorly managed drains. This is because it would be reasonable for the complainant to use the legal remedy available.

The complaint

1. The complainant, who I will refer to as Miss X, complains the Council has not properly maintained local drainage and is responsible for damage to her property.

Back to top

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)

Back to top

How I considered this complaint

4. I considered Miss X’s complaint and her correspondence with the Council. I invited Miss X to comment on a draft of my decision.

Back to top

What I found

5. Miss X complains that her home has suffered damage from flooding in May 2018 and February 2020, due to poorly maintained drainage by the Council.
6. Miss X also complains that she is having to clear drains on the roads surrounding her property and in her local village, as the drainage system cannot cope with the rainfall.
7. Miss X submitted a claim for damages to the Council, however it was denied.
8. The Council has advised it believes the flooding in February 2020 was from a storm and cannot be held liable for exceptional circumstances. It says it has received no complaints about flooding from other residents and advised that the drains are cleared every three years.

Assessment

9. The Ombudsman will not investigate Miss X’s complaint. The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving damage to property. Claims for damage to property are ultimately a matter for the courts.
10. If Miss X wishes to establish that the Council is liable for the damage to her property, she may make a claim against it. As the Council’s insurers have denied her claim, it is open to her to make a claim in court. It is reasonable for Miss X to go to court because the courts are the appropriate body to assess for liability and any damages.

Back to top

Final decision

11. I will not investigate this complaint. This is because it would be reasonable for Miss X to pursue the matter using the legal remedy available to her.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman