Summary: We will not investigate this complaint about how the Council dealt with the complainant’s concerns about flooding and drainage issues. This is because the complaint is late, and it would be reasonable for the complainants to seek a remedy through the courts if they consider the Council has been negligent.

The complaint

1. Ms X has complained on behalf of herself and her mother, Mrs Y, about how the Council dealt with her concerns about flooding and drainage issues. Ms X says she has been experiencing problems with flooding for many years and the issues became worse after the Council granted planning permission for a new dwelling near her home. Ms X says the Council failed to consider the site history or the potential flood risk the new dwelling would create. Ms X says her property has been damaged as a result. She says it will cost a significant amount to repair the damage and the Council should arrange measures to protect her home.
2. Ms X has also complained about the Council’s complaint handling. She says it has not dealt with her concerns in line with its policy or addressed the issues she has raised.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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

6. I considered information provided by Ms X and the Council. I have also considered the Ombudsman’s Assessment Code.
7. I invited Ms X to comment on a draft of this decision and have considered her comments in response.

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My assessment

8. Ms X has raised concerns about flooding and drainage issues that have been ongoing for many years. However, the County Council, as Lead Local Flood Authority, will be responsible for some of the issues Ms X has complained about. As this complaint is against the District Council, I can only consider its actions.
9. Ms X says the flooding and drainage issues became worse after the Council granted planning permission for a new dwelling near her home. However, I consider Ms X’s concerns about the Council’s decision to grant planning permission late. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. I understand Ms X says she was pursuing other avenues in relation to the issue which prevented her from complaining sooner. She also says she was unaware of the Ombudsman service until 2020. However, the planning decision was made in 2013. Ms X was aware of the application at the time and did not raise any concerns about the matter with the Council until some years later. I see no good reason to exercise discretion to investigate as Ms X could have complained to the Ombudsman sooner.
10. Furthermore, even if I could say the complaint was in time, my decision not to investigate would be the same. Ms X says her property has been damaged because of drainage issues related to the new dwelling and says this could have been avoided had the Council properly considered the history of flooding in the area. However, if Ms X considers the Council is responsible in this regard, she is effectively claiming it has been negligent. Only a court can decide if a council has been negligent and if damages should be paid. The Ombudsman does not have the power to enforce an award of damages and we would normally expect someone to seek a remedy through the courts or via the council's insurer.
11. Ms X is also unhappy with how the Council has dealt with her complaint. She says it has been rude and repeatedly ignored her concerns. Ms X says she has been caused considerable stress as a result. However, where the Ombudsman has decided not to investigate the main issues complained about, we will not usually use public resources to consider more minor issues such as complaint handling.

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Final decision

12. I will not investigate this complaint. This is because the complaint is late, and it would be reasonable for the complainants to seek a remedy through the courts if they believe the Council has been negligent.

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Investigator's decision on behalf of the Ombudsman