Summary: We will not investigate this complaint about drainage because the courts and insurers are better placed to consider the complaint.

The complaint

1. Mrs Y complained the Council failed to clear drainage gutters in her area, causing flooding in December 2024. This led to her property being damaged and Mrs Y was trapped in her property during the flood, causing her distress.

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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)

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How I considered this complaint

4. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. 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. These are legal claims which may only be determined by insurers or the courts.
6. Mrs Y’s injustice relates to the damage to her property and the costs to repair it. Mrs Y has made a claim to the Council for the cost of these, which the Council has rejected. Mrs Y may be able to make a claim through his home insurance for the costs of the repairs.
7. The insurer may then continue Mrs Y’s claim against the Council. If the Council disputes liability for the costs of the repairs, the insurer or Mrs Y herself, may consider pursuing the claim through the courts. The courts can decide who is liable for the costs and if necessary, award damages.
8. We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mrs Y to pursue this claim through either her insurer or the courts. We will not investigate this complaint.

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Final decision

9. We will not investigate Mrs Y’s complaint because the courts and insurers are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman