Summary: We will not investigate this complaint about damage to the complainant’s property caused by flooding from land the Council owns. This is because the complaint is made late and because matters of liability are for insurers and then the courts.

The complaint

1. The complainant, who I will call Mrs X, complains that her property has been damaged because of flooding on a Council owned field to the rear of her property. Mrs X says the matter has been going on since 2016 and has caused damage in her garden and will eventually cause damage to the foundations of her property.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

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

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My assessment

7. Mrs X complained to the Council about the flooding in April 2022. The Council acknowledges that the field behind her property floods but says homeowners are responsible for drainage on their land and suggested measures Mrs X could make to alleviate the problems.
8. I will not investigate Mrs X’s complaint. The issue of flooding started some eight or nine years ago. I see no reason why Mrs X could not have complained to the Council and then the Ombudsman sooner.
9. Even if Mrs X had complained sooner, we still would not have investigated her complaint. This is because it is reasonable for Mrs X to take the Council to court if she believes it is responsible for her garden flooding and the damage to her property. Only the courts can decide upon matters of liability.

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Final decision

10. We will not investigate Mrs X’s complaint because it is made late and is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman