Summary: We will not investigate this complaint about the Council’s handling of drainage and a culvert near a property. This is because there is insufficient evidence of fault by the Council and we could not achieve a worthwhile outcome.

The complaint

1. Mrs X complains the Council failed to address recurring flooding caused by a blocked culvert near her property. She says this caused damage to her garden. She wants the Council to find a permanent solution and pay for the damage to her property.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. 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, or
• we cannot achieve the outcome someone wants or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mrs X says flooding from a culvert near her property damaged her garden. She says the floodwater is contaminated with sewage and is a health risk to residents. She reported the matter to the Council in 2023.
8. The Council investigated Mrs X’s concerns as the Local Lead Flooding Authority (LLFA). In February 2024, it received estimates and designs from a contractor. The options were expensive, so the Council needed to explore options for funding the project.
9. In June 2024, the Council carried out investigations to improve the existing open channel and prevent blockages from embankment slippage. It discussed funding with the Environment Agency (EA). It decided the scheme did not meet the funding criteria because the flooding was too remote from residential properties. In November 2024, the Council agreed the trash screen would be cleaned twice yearly.
10. The evidence shows the Council considered Mrs X’s concerns. It sought advice on possible solutions and explored funding with the relevant agencies. It decided improving the culvert’s existing opening channel was too expensive and the scheme did not qualify for Environment Agency funding because the flooding was too remote from residential properties. I recognise the distress the flooding causes Mrs X, but the Council was entitled to make the decision. It was entitled to balance the resources needed to resolve the flooding matter against other priorities in its area. It has also taken action to clean the trash screens. There is not enough evidence of fault in the way the Council assessed the matter to warrant further investigation.
11. Mrs X also reported the flood water was contaminated with sewage. The Council’s Environmental Protection team referred the matter to the EA. We will not investigate this matter as the EA is the body responsible.
12. In any event, Mrs X wants a permanent solution. However, an Ombudsman’s investigation is unlikely to achieve this because we cannot require the Council to carry out works. We could not achieve anything more for Mrs X.
13. Mrs X also says the flooding has damaged her property. It would be reasonable for Mrs X to pursue a claim through the courts for the damage.

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Final decision

14. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council and we could not achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman