Gateshead Metropolitan Borough Council (24 014 596)
Category : Environment and regulation > Drainage
Decision : Closed after initial enquiries
Decision date : 29 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision that flooding to Mr X’s property is not caused by water runoff from a field it owns. This is because there is no evidence to suggest fault by the Council.
The complaint
- Mr X complains about the Council’s decision that flooding to his property is not caused by water runoff from a field it owns despite the clear view from the water company that it is. He says it is wrong to suggest the issue is a private one between him and his neighbours.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant, including the Council’s response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question a council’s decision if it has followed the right steps and considered the relevant evidence and information.
- The Council’s Flood Risk Management Team investigated the matter, consulted with the hydrogeologist who visited the site and came to a view different to that of Mr X and the water company. This is not evidence of fault by the Council and it is not open to us to review the merits of its decision.
- As a way forward, the Council has suggested that Mr X discuss matters with appropriate specialists and his neighbours.
Final decision
- We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman