Summary: We will not investigate Mr Y’s complaint about the Council’s refusal of his flooding damages. This is because it is reasonable for Mr Y to pursue his damages claim at court.

The complaint

1. Mr Y complained about the Council’s response to his flood damages claim and is saying the flood was foreseeable by the Council. Mr Y is saying the flooding caused him financial loss, inconvenience, distress and affected his health and wellbeing.
2. Mr Y wants the council to review his flooding damages claim, provide an apology and review its maintenance records.

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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 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)).

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How I considered this complaint

6. I considered information provided by Mr Y.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council as a local highway authority has a statutory duty to make reasonable arrangements to get rid of water which has fallen directly onto a highway. The Council is expected to carry out regular inspections to ensure its drains are not blocked.
9. If the complaint involves actual damage the authority will probably refer it to its insurers as a negligence claim.  If the complainant is not happy with the outcome we would normally expect them to take the matter to court.
10. In this case Mr Y is complaining about the council’s failure to properly investigate her flooding damages claim. She claims the flooding was foreseeable but the council didn’t take appropriate preventative measures, and the flooding cause damage to her property.
11. 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. We cannot determine liability claims for negligence.
12. These are legal claims which may only be determined by insurers or the courts. Consequently, any claim for damages, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts or the Council’s insurer. We will not investigate this complaint.

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Final decision

We will not investigate Mr Y’s complaint because it is reasonable for to expect Mr X to approach the courts who are better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman