Summary: We will not investigate this complaint that the Council is responsible for flooding affecting complainant’s home. This is because the complaint is made late and there is no good reason to exercise discretion and investigate it now.

The complaint

1. Mr X complains that the Council is reasonable for flooding affecting his property. He wants the Council to investigate the decision to install a culvert in a nearby watercourse and take action to prevent the flooding.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about flooding which is affecting his property. He says that the Environment Agency incorrectly permitted the installation of a culvert in a watercourse in 2005, and that since 2012 the responsibility of the culvert has been delegated to the Council.
7. The Council says that it does not consider that the decision to permit the culvert was incorrect and does not consider that it is responsible for the flooding in the area. The Council said it could not act to prevent flooding on private land.
8. I will not investigate Mr X’s complaint. The Mr X has been aware of the presence of the culvert for more than 18 years. I see no good reason why he could not have complained to the Environment Agency or Council sooner.

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Final decision

9. We will not investigate Mr X’s complaint because it is late

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Investigator's decision on behalf of the Ombudsman