Environment Agency (19 017 017)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 23 Feb 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about damage to her car. This is because it is reasonable for Mrs X to use the legal remedy available to her.
The complaint
- Mrs X complains the Environment Agency acted negligently when it failed to close a floodgate. This led to her car being damaged. Mrs X wants the Environment Agency to pay for the damage.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
- 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)
How I considered this complaint
- I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before issuing a final decision on her complaint.
What I found
- The role of the Ombudsman is to consider complaints about administrative fault. We cannot establish liability in complaints involving negligence and damage to property. Such claims are a matter for insurers, and ultimately, for the courts.
- If the Environment Agency’s insurers reject a formal claim from Mrs X, it is open to her to make a claim in court. I consider it would be reasonable for her to do so. This is because only the Court can decide if the Environment Agency has been negligent. The Court can decide what damages, if any, Mrs X should receive. These are not decisions the Ombudsman can take, and so an investigation is not appropriate.
Final decision
- The Ombudsman will not investigate Mrs X’s complaint. This is because it is reasonable for Mrs X to use the legal remedy available to her.
Investigator's decision on behalf of the Ombudsman