Summary: We will not investigate this complaint about the Council’s refusal to provide information about a flood investigation. We consider further investigation at this time will not lead to a different outcome. Also it is reasonable to expect Ms X to complain to the Information Commissioner’s Officer about the Council’s decision not to give her the information she is seeking.

The complaint

1. Ms X complains the Council refuses to provide clear, transparent information about long-standing flooding and land ownership issues affecting residents on the road where she lives. She says they have stated active legal proceedings prevent disclosure, yet no residents have received any notification, pre-action correspondence or indication that they are parties to any such process.

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The Ombudsman’s role and powers

2. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

3. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

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

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My assessment

6. In response to Ms X’s enquiries, the Council has advised it is carrying out an investigation into flooding under section 19 of the Flood and Water Management Act 2010.
7. Section 19 of the Flood and Water Management Act 2010 (‘the Act’) sets out the Lead Local Flood Authority’s (the Council) duty to investigate and publish reports of flood incidents. Generally, these reports will include:
• Background information about the flooding location
• A summary of the flooding event
• Consideration of likely causes
• An indication of the roles and responsibilities of each risk management authority
• Recommendations arising to mitigate future risk of flooding.
8. The Council has confirmed the report will be published once it has completed the scrutiny and governance process.
9. As the Council is actively investigating the flooding we consider it unlikely that further investigation at this time will lead to a different outcome.
10. Ms X also complains the Council refuses to provide information because of active legal proceedings.
11. The Information Commissioner’s Office (ICO) is the organisation set up by parliament to consider complaints about how the Council responds to requests for information. I consider it reasonable to expect Ms X to complain to the ICO if she believes the Council is refusing to provide information she believes she is entitled to receive.

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Final decision

12. We will not investigate Ms X’s complaint because we do not consider investigation at this time would lead to a different outcome.
13. Also it is reasonable to expect Ms X to complain to the ICO with her concern about the Council’s refusal to provide information.

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Investigator's decision on behalf of the Ombudsman