Summary: We will not investigate how the Council dealt with the complainant’s concerns about a flooding incident on his land. It is unlikely we would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council will not take enforcement action under the Land Drainage Act 1991 following a flooding incident on his property.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:

• it is unlikely we would find fault; or
• it is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended)

4. 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’.
5. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I have considered what Mr B said in his complaint which included the Council’s responses to his concerns.

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What I found

The Land Drainage Act 1991

7. This Act requires landowners to keep watercourses in a condition allowing the free flow of water. It gives councils some discretionary powers to take enforcement action if a landowner fails to do this.

Analysis

8. I consider the Council has provided a full response to Mr B’s concerns and investigation would add nothing significant to what we know.
9. Mr B says water bubbled up in his garden last year and he traced the source to a nearby farm. In essence, he considers the Council should make the farm owner divert the watercourse responsible. He also says the Council should pay him compensation.
10. The Council investigated Mr B’s concerns and spoke to the landowner. It has explained to Mr B in some detail the extent of its powers in such matters. The Council is satisfied it would not be reasonable to take formal enforcement action under the 1991 Act at this time. This is a decision for the Council to make.

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Final decision

11. I have decided we will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council in how it responded to Mr B’s concerns and decided not to take further action.

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Investigator's decision on behalf of the Ombudsman