Summary: We will not investigate this complaint about drainage. This is because the matter is better considered by the courts.

The complaint

1. Mr Y complained the Council has failed to prevent flooding to his property and has filled in a ditch which increases the risk of flooding to his home due to poor drainage. Mr Y says he was flooded in December 2021 because of the Council’s failures.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. Mr Y initially complained to the council in 2007 about water running over fields onto his property. In 2007, the Council inspected the area and agreed to monitor the situation. Mr Y says in the last few years the Council has taken action such as filling ion a ditch, which previously collected flood water before it reached Mr Y’s home.
5. Mr Y complained to the Council in early 2022. The Council responded several times, and carried out a further inspection, before explaining that it would consider Mr Y’s property as part of property flood prevention works. Mr Y was asked to provide his written consent to the works commencing by the end of November onwards. It also referred to a potential civil land dispute, to which it referred Mr Y to seek independent legal advice. Mr Y then approached us in November.

Analysis

6. While Mr Y is concerned about future flooding, this appears to relate to a potential neighbour land dispute, both between Mr Y and his neighbouring landowner and what responsibility the Council holds for preventing flood water running onto Mr Y’s land, flooding his property. These are not issues which the Ombudsman is able to decide. This would be for the courts to consider, as they can decide liability and land ownership responsibilities, where we cannot. This matter is therefore better dealt with by the courts, who have the power in law to determine such disputes.
7. Further Mr Y says that his property was flooded in December 2021, which will have caused damage to his home, which will have needed to be repaired. The cost of the repairs needed, and the cost of further works Mr Y says he has had completed to prevent future flooding, would potentially be a matter of a negligence claim, where Mr Y considers these costs to be the responsibility of the Council.
8. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. Consequently, any claim for damages, such as costs for repairs or flood prevention works, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.

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Final decision

9. We will not investigate Mr Y’s complaint because the matter is better considered by the courts.

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Investigator's decision on behalf of the Ombudsman