Summary: We will not investigate this complaint about drainage and flooding issues because the courts are better placed to consider the issue, and it is reasonable to expect Mrs Y to approach the court about the matter.

The complaint

1. Mrs Y complained the Council has failed to properly investigate and repair groundwater flooding which has caused damage to her property. She also complained the Council had failed to respond to damage claims or to inspect the area despite several reports over a number of years.
2. Mrs Y says the recurrent flooding to her property has caused severe damage, distress and inconvenience. She says the lack of response to her claims have also caused frustration and added to the strain on her family. She is seeking compensation for the damage to her property and immediate action to repair the issue.

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The Ombudsman’s role and powers

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)
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 Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. 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.
7. Mrs Y’s injustice largely relates to the damage to her property and the costs to repair it. Mrs Y has complained to the Council, asking for the cost of the repairs to be paid to her, which the Council has rejected as part of its complaint correspondence. It is for Mrs Y to make a claim to the Council’s insurers for consideration or seek compensation through either her home insurance or 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 to her property or works to prevent flooding in future, which Mrs Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts.
9. There might be some cost to court action. However, that does not mean it is unreasonable to take court action. There is often financial assistance to those of a low income from HM Courts and Tribunal Service and Mrs Y may be able to receive help if she needs it through a legal advice clinic in her area. She may also be able to claim the cost of any court action as part of the claim process.
10. Also, reasonable adjustments can be made for access to the service if necessary. It is therefore reasonable for Mrs Y to be expected to use her right to go to court about this matter. We will not investigate this complaint.
11. As we are not investigating the substantive issue, it is not a good use of public resources to investigate how the Council has responded to Mrs Y’s complaints about this matter. We will not investigate.

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Final decision

12. We will not investigate Mrs Y’s complaint because the courts are better placed to consider the issue, and it is reasonable to expect Mrs Y to approach the court about the matter.

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Investigator's decision on behalf of the Ombudsman