Summary: We will not investigate this complaint about the Council's handling of reports of flooding affecting Mr X's property. This is because any complaint which concerns determining liability for damage to property is a matter for insurers or the courts.

The complaint

1. Mr X says flooding has repeatedly affected his property since at least 2019 resulting in property damage, disruption, distress and ongoing uncertainty about the risk of future flooding. Mr X wants the flooding problem investigated to determine the root cause, for the relevant organisations to coordinate a permanent solution, and compensation for the impact the flooding has had on him and his property.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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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 complained to the Council about recurrent flooding affecting his property. The Council investigated, carried out site visits and completed remedial works. Despite this the issues returned, the Council carried out a further inspection, found two blocked gullies and arranged cleansing works. It also identified a possible capacity issue within the wider sewer network and referred the matter to the agency responsible for the sewer network for further investigation.
8. We will not investigate Mr X’s complaint. Based upon the evidence I have seen, the Council investigated the flooding, inspected the site, arranged works to assets within its control and referred potential sewer capacity concerns to the responsible agency. It is unlikely further investigation would achieve a different outcome.
9. In addition, we cannot determine liability or award compensation for property damage. If Mr X believes another party is responsible for the damage caused to his property, he should pursue the matter through the appropriate insurance process or the courts.
10. With regards to Mr X's complaint that he did not receive all the information he requested relating to inspections and survey reports, this concerns a request made under the Environmental Information Regulations. It would be reasonable for Mr X to raise this matter with the Information Commissioner's Office.

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Final decision

11. We will not investigate Mr X’s complaint. This is because any complaint which concerns determining liability for damage to property is a matter for insurers or the courts.

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Investigator's decision on behalf of the Ombudsman