Summary: We will not investigate this complaint about the Council’s publication of a report on flooding following a storm in Mr X’s area in 2024. The courts are better placed to consider whether the report was negligent in the way the data was reported.

The complaint

1. Mr X complained about the Council’s publication of a report which stated that his home was one of several affected by internal flooding following Storm Henk in January 2024. He says his home did not flood internally and that the street where he lives was incorrectly identified in the report. As a result, he says the value of his home and his ability to sell it have been reduced. He wants the Council to amend the report to remove his street from the identification of those properties internally flooded.

Back to top

The Ombudsman’s role and powers

2. 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))

3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X says the Council produced a report under s.19 of the Flood and Water Management Act 2010 into an incident of flooding in the area where he lives following a storm in 2024. He says the Council misidentified his street as being one which was affected by internal flooding when houses only suffered flooded garages. The inclusion of his home as one affected by flooding has had an effect on its value and resale prospects.
7. Mr X asked the Council to amend the report as it was incorrect. The Council says that the report was based on data provided by Severn Trent Water utility, The Environment Agency and its own personnel on site. It says the report did not identify individual properties because it is obliged to anonymise the data under the GDPR regulations. However, it remains of the view that the flooding did take place.
8. Mr X says that only garages and external flooding took place and the report should be amended to reflect this. He also identified a mislabelling of an image in the report. The Council has accepted the error in the image description and corrected the report online but will not accept that the flooding was not as described. It referred Mr X to his right to make a legal claim if he disputes the events mentioned in the report.
9. We cannot determine what events took place in 2024 which the Council has recorded. It is important to understand that the Ombudsman is concerned with process. We are not a court of appeal. When considering complaints, we may not question whether the decision the Council has made is right or wrong or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about whether there is fault in a decision such as this.
10. If Mr X believes his property has suffered due to negligence by the Council, then he could make a claim in the courts. This would be a more suitable arena for the matter to be considered. As the Council’s report was largely based on data from other bodies, he could also consider taking action against those third parties who were involved in the decision.

Back to top

Final decision

11. We will not investigate this complaint about the Council’s publication of a report on flooding following a storm in Mr X’s area in 2024. The courts are better placed to consider whether the report was negligent in the way the data was reported.

Back to top

Investigator's decision on behalf of the Ombudsman