Summary: Mrs X complained the Council failed to carry out drainage works on land near her property and failed to provide updates. The Council has started further drainage works but these have taken longer than the 14 days indicated and are still not complete causing frustrating as Mrs X’s garden is subject to regular flooding making it unusable. There is fault in the Council failing to communicate with Mrs X and provide regular updates as well as failing to provide information about how to make an insurance claim. A remedy including a symbolic payment is agreed.

The complaint

1. Mrs X complained the Council failed to carry out drainage works on land near her property. She also complains the Council has failed to provide updates.
2. Mrs X’s property has been flooded causing damaging to the point that she now says she is unable to use her garden.

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The Ombudsman’s role and powers

3. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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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What I have and have not investigated

5. We previously decided not to investigate historical matters and there is no basis to change that decision. Mrs X reported further flooding in October 2024 and so I am considering matters from that date.

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How I considered this complaint

6. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
7. Mrs X and the Council had an opportunity to comment on my draft decision. I have considered their comments before making a final decision.

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What I found

Key facts

8. This section sets out the key events in this case and is not intended to be a detailed chronology.
9. Mrs X says that there has been flooding at her property for over 30 years. She complained to the Ombudsman in 2023. Our decision, issued on 17 July 2023 (reference 23 002 678), was that it was too late to consider historical issues relating to flooding over the previous 30 years. The Council confirmed it was working on a solution to be installed in Autumn 2023. We advised Mrs X she could complain again if these works did not resolve the issues.
10. Mrs X contacted the Council on 3 October 2024. She asked the Council to re-open her complaint. She said that her property had been flooded again even though work had been undertaken in the form of a small bund in the neighbouring parkland. She asked the Council to say what it was going to do to protect her property.
11. The Council responded saying that officers had been out to her property but she had not been home. It said that it would be installing sandbags that day. It noted the bund had been successful in preventing flooding until there was heavy rain on 30 September. It said it would be discussing the situation with engineers and would contact her again when they provided an update.
12. Mrs X contacted the Council again on 17 October saying her property was again under water. She said that if the Council had deployed sandbags then they hadn’t worked. She urged the Council to visit her property and explain what it was going to do to ensure there was proper drainage.
13. Mrs X emailed the Council on 1 November. She said she had not received any update from the Council and so had asked the Ombudsman to re-open the complaint. She also said that despite the previous claim, no sandbags had been provided. Mrs X also attached quotes for the repairs required at her property saying the damage had been caused by the Council’s lack of action.
14. An internal Council email shows that the engineers had provided a report by mid-December and the Council was preparing a design for more works. It said this was dependent on funding but would be on site in the next financial year. The Council emailed Mrs X to tell her it was preparing a design but did not provide any timescale for the works or address the issue of the quotes she recently provided.
15. In January 2025 Mrs X again contacts the Council saying her garden was flooded for the second time in six days. She says that a Council officer visited her property in January and she showed them videos and pictures. In March the Council told Mrs X it was in contact with the Ombudsman and was seeking funding for the further works. I spoke with Mrs X on 7 May and during that conversation she said she had not had any further contact from the Council.
16. The Council wrote to affected residents in May informing them drainage improvement works would begin on 26 May and would last approximately 14 days, assuming favourable weather conditions. Mrs X says the works did begin as planned but to date have still not been completed. She says it is her understanding that the Council is awaiting approval from the Environment Agency before it can complete the works but that the Council has not communicated this to her.

Analysis

17. The works carried out by the Council in Autumn 2023 appear to have been successful until the following year as this is when Mrs X complained again. The information provided shows that after Mrs X contacted the Council, it took action to design a further scheme. This seems an appropriate response.
18. I asked the Council to provide a chronology of its actions to address the flooding issues. It has not done this. I have not been provided with information to show when the further scheme was designed, approved and when funding was secured. It does appear that the scheme was designed by the end of 2024 and that the issue then was to secure the funding so works could begin. The information suggests the Council anticipated the works would begin after the new financial year in 2025 which is what happened.
19. While I appreciate Mrs X’s frustration regarding the time taken, I do not consider there was significant delay from October 2024 to May 2025 to design, fund and start the works.
20. However, the Council’s response to my enquiries dated 2 July 2025, does not mention that the works were not completed as anticipated within 14 days from 26 May. It made no mention of the fact the works have not been fully completed. This is concerning especially when the Council sought further time to respond to my enquiries. The only information I have is from Mrs X who informs me the delay is due to the Council still requiring permission from the Environment Agency to complete works close to land it owns.
21. Mrs X has raised concerns about the lack of regular and clear communication from the Council. While there is evidence of contact from the Council, I do not consider it has responded to every email Mrs X has sent and there have been periods of time when no communication took place. I can understand why this was frustrating for Mrs X as her garden was regularly flooded and so she was unable to use it. In particular, the lack of any update regarding the delayed completion of the further works has caused uncertainty and frustration. I consider this is fault.
22. Mrs X sent the Council quotes in October 2024 for the remedial works required at her property. I have not seen anything to suggest the Council provided any response to this. A local councillor was in contact with Mr and Mrs X and mentioned an insurance claim but nothing directly from the Council. I consider that Mrs X’s intention was clear in October 2024 when she sent quotes to the Council. I consider that at that point it should have provided Mrs X with details of how to submit a claim to its insurance company. The Ombudsman cannot comment on whether any claim would be successful, but the Council should have been open to providing details of how Mrs X could do this. I am pleased to note that the Council has now said it is willing to provide this information.

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Agreed action

23. To remedy the injustice experienced by Mrs X as a result of the fault identified above, the Council will, within one month of my final decision take the following action:
• Apologise to Mrs X;
• Make a symbolic payment of £200 to recognise the frustration caused by the delays and lack of communication;
• Provide an update to Mrs X about the works including a timescale for completion. It should then provide monthly updates until the works are completed; and
• Send information to Mrs X about how to make a claim through the Council’s insurance company.
24. The Council should provide us with evidence it has complied with the above actions.

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Decision

25. I have completed my investigation with a finding of fault for the reasons explained in this statement. The Council has agreed to implement the actions I have recommended. These appropriately remedy any injustice caused by fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman