Summary: We will not investigate this complaint that the Council failed to properly deal with blocked drains which resulted in flood damage to the complainants property. This is because it is reasonable for him to seek a claim of liability through the courts.

The complaint

1. The complainant, who I will call Mr X, complains that the Council failed to properly deal with blocked drains outside his property. He says that further flooding occurred after he reported the issue which resulted in flood damage to his property. Mr X seeks compensation for the damage.

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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 information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Mr X’s complaint. We cannot determine liability claims for damage to property. These are legal claims which may only be determined by insurers or the courts. Mr X has submitted an insurance claim against the Council. The Council has not accepted liability for the damages, so it is reasonable for Mr X to seek a remedy in the courts which are the only body to determine legal liability.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable for him to seek a remedy through the courts.

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Investigator's decision on behalf of the Ombudsman