Summary: We will not investigate this complaint that the road next to the complainants’ home causes flooding on their property. It is reasonable to expect them to pursue a court remedy.

The complaint

1. Mr & Mrs X complain the Council, acting as the highway authority, has failed to take appropriate action to address the causes of flooding at their property.

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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. 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

4. I considered information provided by Mr & Mrs X, and the Ombudsman’s Assessment Code.

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My assessment

5. Mr & Mrs X’s concerns centre on the damage caused to their property by flooding associated with the highway, and the associated time, trouble, and distress involved in resolving the matter.
6. The Ombudsman would normally consider it reasonable for a complainant to ultimately pursue a court remedy in these circumstances. This is because we are not able to decide if the Council has been negligent and is liable for any damage to Mr & Mrs X’s property, and we cannot direct it to pay compensation. Only the courts can do that. We will therefore not investigate this complaint.

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Final decision

7. We will not investigate Mr & Mrs X’s complaint because it is reasonable to expect them to pursue a court remedy.

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Investigator's decision on behalf of the Ombudsman