Summary: Ms X complains the Council’s negligence has caused flooding and damage to her garden from a reservoir it owns. This matter is outside the Ombudsman’s jurisdiction because it is a matter for the courts to decide.

The complaint

1. The complainant whom I shall refer to as Ms X, complains the Council has caused flooding to her garden for a number of years from a reservoir it owns. She says the Council has not taken action to install drainage away from her home. As a result, she says she cannot use the majority of her garden. In addition, fences, a shed and her patio were damaged. She believes that her home is also now affected by damp due to the flooding.

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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).

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How I considered this complaint

3. I considered the complaint from Ms X and documents from the Council. Ms X and the Council now have an opportunity to comment on my draft decision. I have considered their comments before making a final decision.

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What I found

4. Ms X says that she has complained for several years about the Council’s reservoir flooding her garden. But the Council did not respond until 2018 and it was not until 2021 that it started to investigate and take action. However, it has not yet resolved the flooding
5. The Council says that the matter is complex because it is difficult to identify the source of the flooding. It has removed fly tipping and increased the capacity of a ditch to help drain the water. Ms X says the ditch is ineffective and is stagnant. At stage two of the Council’s complaint’s procedure it partly upheld Ms X’s complaint. It stated that
6. it was not fully responsible, because the issue involved other organisations and private landowners
7. Ms X complains the Council has been negligent because it has not taken action to resolve the issues over a long period of time and her property is now damaged. She has made a claim against the Council for compensation for damage to her possessions and loss of the use of her garden. The Council confirms it has passed the claim to its insurers.
8. We cannot decide whether a council has been negligent and do not have powers to enforce an award of damages. Only a court can make this decision. For this reason, we would usually expect someone in Ms X’s position to seek a remedy in the courts, directly or through her insurers.
9. I consider it is reasonable for Ms X to seek a remedy in court.

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Final decision

10. I have discontinued my investigation.

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Investigator's decision on behalf of the Ombudsman