Summary: We will not investigate Mr X’s complaint about Council actions causing flooding. This is because there is not enough evidence of fault to justify an investigation by the Ombudsman.

The complaint

1. Mr X complains Council roadworks have caused flooding to his property, resulting in significant damage. He wants the Council to rectify the works and update the drainage system. He also wants a review of the Council’s decision to refuse planning permission to move his driveway access due to flooding.

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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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended).
4. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• Delay – usually over eight weeks – by an authority in deciding an application for planning permission
• A decision to refuse planning permission
• Conditions placed on planning permission
• A planning enforcement notice.

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How I considered this complaint

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

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My assessment

7. Mr X complains re-surfacing of the road outside his home increased the camber and causes rainwater to flow straight into his property. He says this has caused significant damage.
8. The Council investigated the drainage. It said the re-surfacing had not changed the camber. It noted the Environment Agency had identified the property was at high risk of surface water flooding before it did the work. It told a neighbouring authority about keeping downstream drainage clear and committed to ensuring it kept the culverts clear. It suggested Mr X should carry out investigations into existing pipework on his property.
9. I will not investigate this complaint. We look at the process a Council followed to make its decision. The Council has carried out a technical investigation on site. There is no evidence to suggest that the camber of the road has changed or that it has resulted in additional surface-water flooding.
10. We cannot investigate the Council’s refusal of planning permission as this matter has already been considered by the Planning Inspectorate.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman