Somerset Council (25 023 270)
Category : Environment and regulation > Drainage
Decision : Closed after initial enquiries
Decision date : 22 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about flooding to Mr X’s land. Only a court can determine liability and award compensation.
The complaint
- Mr X complained a pipe running across his land has damaged his property.
- Mr X said this caused distress and had a financial impact.
- Mr X wants the Council to accept responsibility for the pipe and compensate him for the damage caused.
The Ombudsman’s role and powers
- 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, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council after a pipe running across his land caused flood damage to his property.
- The Council’s legal representative told Mr X it did not accept liability for the damage as the pipe did not belong to it.
- We will not investigate this complaint. The Ombudsman cannot determine liability in a legal dispute, only a court can. It is reasonable to expect Mr X to go to court to establish liability.
- We also cannot achieve the outcome Mr X wants. In his correspondence with the Council, Mr X listed significant damages he hopes to receive for the damage to his property. It is not our role to assess economic losses or award compensation, and we direct people to the courts where that is their primary goal.
Final decision
- We will not investigate Mr X’s complaint because only a court can determine liability and award compensation.
Investigator's decision on behalf of the Ombudsman