Summary: We will not investigate this complaint about highway maintenance and drainage because the complaint is late without good reason to investigate it now and it is reasonable to expect Mr Y to go to court about the matter, who are better placed to consider the complaint.

The complaint

1. Mr Y complained the Council has failed to investigate and prevent surface water from running off the road onto his driveway and flooding his property several times since October 2022. He is also unhappy with the Council’s handling of his complaint.
2. Mr Y says his property has been damaged due to the flooding and he has had to take action to prevent severe flooding using temporary flood defences.

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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. 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)
5. 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)
6. 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
7. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

8. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

9. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
10. Mr Y’s was aware of his reason to complain about the Council’s alleged failure to prevent water from flooding Mr Y’s property after it initially flooded in 2022, more than 12 months ago. Mr Y would have been aware of the Council’s failure to investigate and act when he complained to the Council about the issue in both 2023, April 2024 in which he complained about the time taken for the investigation to be conducted and in May 2024 when the Council said it would update Mr Y on the outcome of its flooding investigations and its next steps. However, Mr Y did not approach us until July 2025, more than 12 months later. Consequently, his complaint is now late.
11. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner to us. Consequently, there is not sufficient good reason to exercise discretion to investigate this late complaint.
12. Further, Mr Y has told us that the flooding has caused damage to his property, with flooding resulting it mould, damp and impacting his and his family’s health.
13. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
14. We cannot decide liability or award damages. Consequently, any claim for damages, such as costs for repairs or damage to his health, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts.
15. There might be some cost to court action. However, that does not mean it is unreasonable to take court action. There is often financial assistance to those of a low income and reasonable adjustments can be made if necessary. It is therefore reasonable for Mr Y to be expected to use his right to go to court about this matter to pursue his claim through either the Council’s insurer or the courts. We will not investigate this complaint.
16. As we are not investigating the substantive issue, it is not a good use of public resources to investigate how the Council dealt with Mr Y’s complaint. We will not investigate.

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Final decision

17. We will not investigate Mr Y’s complaint because the complaint is late without good reason to investigate it now and it is reasonable to expect Mr Y to go to court about the matter, who are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman