Summary: We will not investigate Mrs X’s complaint the Council failed to properly manage flood risk to her home from nearby lakes. This is because further investigation is unlikely to find fault in the Councils actions. Mrs X’s main claims around of liability for damages and financial loss are matters for the courts.

The complaint

1. Mrs X says the Council failed to properly manage the flood risk from nearby lakes. She reports that an angling lake overtopped in September 2024, causing flooding that severely damaged her property. She said the flood caused damages of around £70,000 and she remains worried about future flooding. Mrs X wants an independent flood risk and structural assessment, enforcement action, Environment Agency involvement, an action plan to remove the risk, financial redress, and a formal apology.

Back to top

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)
3. 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 not enough evidence of fault to justify investigating and we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mrs X experienced severe flooding in September 2024 and believes this was caused by the failure of an angling lake and associated ponds. She believes the development was not properly assessed, planning controls were inadequately enforced, and statutory bodies were not appropriately involved. Mrs X asked the Council to take action to prevent further flooding and to compensate her for damage caused to her property.
8. The Council considered the matter in its role as Lead Local Flood Authority. It carried out site visits, assessed rainfall and catchment conditions, and found no evidence of catastrophic structural failure. It concluded the flooding resulted from exceptional rainfall and surface water runoff. It explained that the lake is on private land, falls below the regulatory threshold, and that responsibility for planning enforcement sits with the District Council. The Council said it has no powers to determine liability or award compensation.
9. We are not an appeal body, and we do not reassess properly made decisions. We examine whether an organisation followed the correct process. In this case, the evidence shows the Council carried out site visits, considered relevant information, assessed their statutory powers, made decisions in line with law and policy, and explained that liability and compensation rest with the courts. Although Mrs X strongly disagrees with their conclusions, disagreement alone does not indicate fault.
10. We will not investigate this complaint because further investigation is unlikely to find fault in the Councils actions and Mrs X’s main claimed injustices of liability and financial loss are matters for the courts to consider.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because further investigation is unlikely to find fault in the Councils actions and her main claimed injustices of liability and financial loss are matters for the courts.

Back to top

Investigator's decision on behalf of the Ombudsman