Summary: We will not investigate Mr X’s complaint about the Council in relation to his property being damaged by flooding. This is because there is another body better placed to consider his complaint.

The complaint

1. Mr X complained about the Council’s decision not to pay for damages to his property caused by its pipes running across his property. He said it caused him distress and frustration. Mr X said it will cost a lot of money to get the damages repaired. He wants the Council to pay for the damages.

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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 provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In November 2024, Mr X’s property was damaged by flooding.
7. Mr X obtained drainage plans from the Council which showed pipes owned by the Council running under his property. He said the pipes were damaged which caused the flooding in his property.
8. Mr X submitted a damage claim to the Council. The insurance team considered Mr X’s claim and wrote to him in April 2025 informing him it had denied the liability of his claim.
9. Mr X later complained to the Council however, the Council rejected his complaint as it had already considered his concerns. The Council said it advised Mr X if he wanted to pursue the Council for damages, he would need to do so through legal action.
10. We will not investigate Mr X’s complaint. We cannot determine whether the Council was liable for the damage to Mr X’s property. The courts are better placed to consider Mr X’s concerns.

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Final decision

11. We will not investigate Mr X’s complaint because there is another body better placed to consider his complaint.

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Investigator's decision on behalf of the Ombudsman