Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s failure to put up adequate signs to warn motorists of a flood on the road. This is because his injustice lies in damage to his vehicle and belongings and if he believes the Council is liable for this it would be reasonable for him to take the matter to court.

The complaint

1. The complainant, Mr X, complains the Council failed to put up adequate warning signs about a flood on the road. As a result he drove along the road and his car became stranded and has now been written off. He says he has suffered stress, anxiety and financial loss.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 reviewed the information provided by Mr X, shared my draft decision with him and considered his comments.

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What I found

5. In February 2020 Mr X was driving in the Council’s area and encountered a flood on the road. He says there was a freestanding flood warning sign to the side of the road but that this did not provide adequate warning of the depth of the water. He drove into the water, believing the road was passable, but his car sucked water into the engine and stalled. His insurance company later wrote the car off due to the level of damage caused by the water as it would not have been economical to repair it.
6. Mr X complains the Council did not provide adequate signs to warn the road was impassable and he is concerned others may be affected by the issue in future. But his injustice lies in the damage to his vehicle, for which his insurer has provided a partial remedy. Mr X’s remaining injustice lies in the cost of his insurance excess and the damage to his belongings and if he considers the Council is liable for this it would be reasonable for him to take the matter to court.
7. While the Ombudsman can investigate matters of public interest we do not consider this provides sufficient grounds for investigation in this case. Other motorists may choose whether to drive into the flood and if they suffer issues as Mr X has they may make their own claims and/or complaints.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because Mr X’s injustice lies in the damage to his vehicle and belongings and if he considers the Council responsible for this it would be reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman