Summary: We will not investigate this complaint about drainage issues because there is another body better placed to deal with the complaint.

The complaint

1. Mr Y complained the Council made mistakes during the planning process of a local school, which led to a lack of suitable drainage in the area, against its own policies. He also complained about how the Council has dealt with his complaint about the issue, in which he says council officers have made false statements to defend their position and have failed to properly investigate.
2. Mr Y says this led to flooding of his property and of others, which has caused damage to his property, flooded his septic tank causing financial loss and leading to him needing to install flood defence measures to protect his own property. He also says the way the Council has dealt with the issue has caused him distress, worry and upset.

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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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

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

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My assessment

6. Mr Y says the Council went against its policy and installed incorrect and inadequate drainage while building a local school. He says this has caused his property damage and he has experienced financial losses as a result. This is a potential negligence claim.
7. 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. We cannot determine liability claims for negligence.
8. Only a court can decide if an organisation has been negligent and so should pay damages. Consequently, any claim for damages, such as costs for repairs or additional flood barriers Mr Y may have installed, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. The courts are also an appropriate body to consider through rigorous consideration of the evidence whether council staff have made false statements in its dealings with Mr Y and decide how this may have affected him. Consequently, we will not investigate this complaint as the courts, and insurers are better placed to consider the issues raised.
9. As we are not investigating the substantive matter in the complaint, it is not a good use of public funds to consider how the Council responded to and dealt with Mr Y’s complaint. We will not investigate this.

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Final decision

10. We will not investigate Mr Y’s complaint because there is another body better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman