Summary: We will not investigate this complaint about drainage because the courts and insurers are better placed to deal with the complaint.

The complaint

1. Mr Y complained the Council has failed to prevent flooding outside his property since 2019.
2. Mr Y says the issue has caused damp and damage to his property and is looking for the Council to repair the wall of his property or compensate him for the cost of the work.

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The Ombudsman’s role and powers

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 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, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. 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 or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
7. Mr Y has already begun a claim for the damage to his property. The Council has agreed to carry out remedial work and has not repaired the drainage issue. If Mr Y feels further work is needed to repair his property, it is reasonable for him to approach the Council’s insurers, and if necessary if there is disagreement in the work to be done, potentially the courts.
8. The courts can also decide a suitable level of damages, where we cannot, so are better placed to consider the complaint. As the Council has now completed the repair work to the drainage and is addressing the claim, there is no worthwhile outcome achievable from our investigation. We will not investigate.

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Final decision

9. We will not investigate Mr Y’s complaint because the courts and insurers are better placed to deal with the complaint.

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Investigator's decision on behalf of the Ombudsman