Summary: We will not exercise discretion to investigate this complaint about negligence by the Council causing flooding from the highway onto Mrs X’s property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

The complaint

1. Mrs X complained about flooding from highway run-off which she says is due to the Council damaging a drainage pipe on her land whilst carrying out an inspection in 2021. She wants the Council to accept liability for the problem and to resolve the blocked drainage system.

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The Ombudsman’s role and powers

2. 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)
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 the information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X says her property has experienced from highway run-off since 2004. In 2021 the Council inspected the drainage system and opened a pipe in her garden to determine where the blockage might be. She says that the pipe was not properly repaired and this has led to flooding in her garden during heavy rain. Her home and garden have been affected by the flooding.
7. Mrs X complained to the Council in 2021 and it says she is liable for flooding on her own land s riparian owner. She says the flooding is due to the Council’s negligence when it inspected the pipe.
8. This complaint was received outside the normal 12-month period for accepting complaints. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
9. In this case it was reasonable for Mrs X to make a claim against the Council if she believes its negligence has caused flooding in her property. If the Council does not accept liability for the damage to the drainage system then she could consider seeking a remedy in the courts.

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Final decision

10. We will not exercise discretion to investigate this complaint about negligence by the Council causing flooding from the highway onto Mrs X’s property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman