Summary: We will not investigate this complaint about the Council’s failure to pay compensation for damage to property caused by flooding due to blocked highway drainage. It is reasonable for Mr X to seek a remedy in the courts following denial of liability by the Council’s insurers.

The complaint

1. Mr X complained about the Council’s rejection of his claim for damage to his wall and steps caused by ice from splashed floodwater from the public highway. He says he reported the road being flooded to the Council when the drains became blocked but it did not respond for 27 days.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council’s response.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his wall was damaged by ice when water was splashed over it for several days due to flooding caused by blocked highway drains. He says he reported the flooding when it occurred but the Council did not respond promptly despite emails and contacts during the period. The splashed water froze on huis wall and steps and caused frost damage as a result.
6. He submitted a claim to the Council which was dealt with by its public liability insurers. They denied negligence and rejected the claim.
7. The legislation from which we take our powers also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. The Ombudsman cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
8. Negligence claims and interpreting the law around legal torts are generally best decided by a court. Only a court can decide whether the problem should have been dealt with by the council before it caused harm or if the council is liable to pay “damages” for the loss or injury someone has suffered.

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Final decision

9. We will not investigate this complaint about the Council’s failure to pay compensation for damage to property caused by flooding due to blocked highway drainage. It is reasonable for Mr X to seek a remedy in the courts following denial of liability by the Council’s insurers.

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Investigator's decision on behalf of the Ombudsman