Summary: We will not investigate this complaint about the Council’s failure to manage surface water run off where she lives. The Council has cleared and jetted the relevant drains/gullies and has commissioned a report in accordance with its duties under section 19 of the Flood and Water Management Act. The report will be published once complete. We do not consider an investigation will lead to a worthwhile outcome.

The complaint

1. Mrs X complains the Council fails to adequately manage surface water run off where she lives. She says the water presents a danger to road users. And due to the inadequate network capacity it floods her property.
2. Mrs X wants the Council to visit her home and put steps in place to:
• clear and report blocked drains effectively; and
• review the size and layout of the pipes and take action against landowners and other private houses flooding a public highway.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council is the Lead Local Flood Authority. As part of duties under the Flood and Water Management Act 2010, the Lead Local Flood Authority (LLFA) is required to investigate significant flood incidents, and produce reports known as Section 19 reports.
7. Section 19 of the act requires LLFAs to investigate flood incidents where necessary. This is based on each LLFA’s published flood investigation criteria set out within their Local Flood Risk Management Strategy to establish responsible parties as well as their actions because of the flooding event.
8. Following a significant flooding event where she lives, which damaged her property, Mrs X complained to the Council.
9. The Council confirmed it has inspected the drains and gullies and jetted/cleared where required. It provided details of the action take for each drain/gulley and photographs.
10. The Council also confirms it has commissioned an external organisation. This is developing the scope of the s19 investigation to ensure it is effective. And that it complies with the Council’s objectives of fully understanding the causes of the flooding events of the significant storms in October 2023 and January 2024.
11. Further work will be carried out to study the geology and topography. The Council expects the final report to be produced within the 12-month period from the flood event in January.

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Final decision

12. We will not investigate Mrs X’s complaint because the Council has confirmed it has cleared the drains/gullies and provided evidence to support this statement. It has commissioned a report into the floods of October 2023 and January 2024 which includes consideration of adequacy of the drainage system. This meets its statutory duty under s19 of the Flood and Water Management Act 2010. The report will be published once finalised and we do not consider that an Ombudsman investigation at this time will lead to a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman