Summary: We will not investigate this complaint about the Council’s response to damage, caused by flooding, to Mrs X’s property. Mrs X has an alternative legal remedy through the courts who can decide liability. And given the circumstances of her complaint, it would be reasonable to expect her to use this legal remedy.

The complaint

1. Mrs X complained the Council failed to take effective action to prevent damage to her garden, caused by flooding. She said this had occurred over several years and had caused her significant disruption and avoidable expense.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X said the issue she raised with us, had been occurring over many years and she had approached the Council again in 2024. She said her garden frequently floods and this has caused damage. Mrs X is concerned because her issues are still not resolved.
6. In 2024, the Council came out and inspected the area and met with Mrs X to discuss her concerns. It said at different points during the year it was considering the issue and inspected related surface water maps. It said it believed the problem was because the area behind Mrs X’s garden was a ‘low spot’ and that surface water had accumulated there. The Council indicated that it would continue to monitor the issue as it was affected by other developments nearby. The Council denied any liability for the damage to Mrs X’s property.
7. I can see why Mrs is concerned the Council has not resolved the issues because elements of the Council’s responses indicated it was still considering the issue. However, at this point it has declined liability, and it also explained its priority is to respond to issues affecting buildings and not gardens.
8. We cannot instruct the Council to take any action as the Local Lead Flood Authority; we can only consider whether it has regard to its duties. In this respect the evidence shows it has considered its duties here. Additionally, we cannot decide the Council is liable, through its inaction, for damage to Mrs X’s property.
9. Given these limitations in our powers and the fact the courts can decide liability and instruct the Council to act if liability is decided, it would be reasonable to expect Mrs X to approach the courts to resolve her concerns.

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Final decision

10. We will not investigate Mrs X’s complaint because she has an alternative legal remedy and it would be reasonable to expect her to use this legal remedy.

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Investigator's decision on behalf of the Ombudsman