Summary: Mr X complained the Council delayed in accepting responsibility for land which flooded and delayed in planning and organising remedial work, causing him distress. The Council has now completed stage one of the work after a significant delay. This is fault.

The complaint

1. Mr X complained the Council delayed in accepting it owned land which flooded, delayed organising repair works and delayed in carrying the repair works out. The Council failed to carry out the first section of work which it said it would complete within six weeks. This caused Mr X distress as he was concerned the overflow of water would enter his property. Mr X wants the Council to carry out the work as promised.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. As part of the investigation I have considered the following:
• The complaint and the documents provided by the complainant.
• Documents provided by the Council and its comments in response to my enquiries.
• Information on the Council’s website about how it deals with flooding.
5. Mr X and the Council had opportunity to comment on my draft decision.

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What I found

The Council’s website pages about how it manages flooding

6. The Council’s website has information about its role and responsibility in dealing with flooding.
7. The Council’s website directs individuals to report incidents of flooding to the correct agency. For flooding to an individual’s property from an ordinary watercourse such as a stream, drain, ditch or brook (as in this case), the Council asks people to report details directly to its flood management department. It says it may share information provided with other organisations to help prevent and improve responses to flooding in the county.
8. The Council is a Lead Local Flood Authority and has the 'lead' role in managing flood risk from surface water, groundwater and ordinary watercourses across the county. It works with the emergency services, Environment Agency, Met Office, and the utility companies to tackle flooding within the county. In partnership with other authorities and key stakeholders in the area it has produced a Local Flood Risk Management Strategy and action plan. The latest information can be found through the Flood information service.
9. The Council also have a duty to investigate incidents of flooding.
10. Individuals can view the 2019/20 reports and location summaries online.
11. The Council works closely with organisations to help prevent flooding. Its assessment of potential risks in the county means it knows which areas are mostly likely to flood. As flooding can happen anywhere, the Council must be ready with contingency plans so it can react quickly if needed.

What happened

12. I have summarised below the key events; this is not intended to be a detailed account.
13. In February 2022, the ditch behind Mr X’s property overflowed with rainwater.
14. Mr X said the water flooded his garden and came within inches of his door and French windows. To protect his property, Mr X said he lifted the lids on the external drains to allow rainwater to escape.
15. Mr X often checked the weather forecast for heavy rain so he could protect his property against flooding. He said if rain was forecast, he would remove the lids off the drains as a precaution and not leave his property overnight. Mr X said this caused him distress. There was no physical damage to his property.
16. At the beginning of March 2022, Mr X reported the overflowing ditch to the Council’s Service Provider. Mr X asked for an update in the middle of March. The Service Provider told Mr X it would visit the site soon.
17. Mr X complained to the Council in the middle of May.
18. The Service Provider visited the site at the beginning of July and the middle of August.
19. At the beginning of September, the Council met with Mr X on site.
20. In the middle of September, the Council clarified it was responsible for maintenance of the ditch.
21. At the end of September, the Council visited the site with its Service Provider, Service Partner and agreed a plan. The following day, the Council formally responded to Mr X setting out its proposals to clear the ditch. It estimated the work would take six weeks to complete.
22. At the beginning of October, the Council issued its stage one response. It said it had reviewed the issues and made an action plan. It said it would complete the first stage within six weeks, by the middle of November. It would complete stage two within two years.
23. Mr X complained to the Ombudsman in the middle of December as the works had not been completed within the six-week timeframe.
24. In the middle of November, the proposed contractor visited the site to evaluate the work. It gave a quote to the Council at the beginning of December. The Council accepted the quote and approved the works.
25. At the beginning of January 2023, the Service Provider started work, providing ground clearance and access to the site. This allowed the contractor to start work on the ditch clearance. The ditch clearance work (stage one) of the works were completed in a week.
26. The Council said stage two of the works will be carried out by September 2024.

Analysis

27. Mr X reported the matter in March. The Service Provider visited the site in July, four months later. The Council accepted responsibility for the ditch and set out its plans in September, six months after Mr X first reported the matter. In response to my enquiries, the Council explained it took time to resolve who was responsible for maintenance of the land. While the Council’s website does not give an indication of how long it will take to investigate and manage reported flood risks, I consider six months an excessive amount of time to determine responsibility of the land and plan remedial work. This is fault.
28. The Council planned the works and said it would be completed within six weeks, by the middle of November 2022. The work was not completed, and Mr X complained to the Ombudsman. The work started at the beginning of January 2023 and completed a week later. In response to my enquiries, the Council explained there was a significant amount of preparation work needed which it had underestimated. The Council’s Service Provider was required to provide the site clearance before the contractor could start the work. The Service Provider was engaged in priority works on the highway network at the time which delayed it being able to start the works. The Council was therefore not able to comply with the timescale. I understand the reasons given by the Council but consider a two-month delay to be excessive when the work was promised to be completed within six weeks. This is more concerning as there had already been a six month delay. This is fault.
29. The Council should have kept Mr X informed of the delay and kept him updated on progress of the work. It did not, this is fault.
30. The Council is at fault for delay in planning and carrying out remedial work.

Injustice

31. Whilst there was no lasting physical damage to Mr X’s property, the delay in planning and carrying out the remedial work caused him distress. Mr X regularly checked the weather forecast. If heavy rain was forecast, he lifted the lids on the external drains and did not leave his property over night for fear of his property flooding. The longer the work took to complete, the more distress this caused to Mr X, especially during the winter months.
32. The Council only completed the works after Mr X had complained to the Ombudsman. Had the Council completed the works when it said it would, it would have saved Mr X time and trouble in bringing the complaint.

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Agreed action

33. Within four weeks of the final decision being issued, the Council should:
• Apologise to Mr X for the lack of updates, delay in planning and carrying out the remedial work, and for the time and trouble in bringing the complaint to the Ombudsman .
• Pay Mr X £200 to recognise the distress its faults caused.
34. The Council should provide us with evidence it has complied with the above actions.

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Final decision

35. I have completed my investigation. The Ombudsman has found the Council delayed in planning and carrying out remedial work.

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Investigator's decision on behalf of the Ombudsman