Summary: We will not investigate this complaint about the Council’s decision to allow a fence to be erected on land designate flood zone 3b, behind the complainant’s home. We have not seen enough evidence of fault in the way the Council made its decision to justify an investigation. The Council has apologised for the delay in responding to the complaint and further investigation on this point will not lead to a different outcome.

The complaint

1. Mr X complains the Council allowed a landowner to erect a fence on a land designated flood zone 3b without planning permission. He says this increases the risk of flooding to his home.

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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 there is not enough evidence of fault to justify investigating.

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

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How I considered this complaint

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

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My assessment

5. The Council is the Lead Local Flood Authority (LLFA). It says it has visited the site and is satisfied the fence does not need planning permission. And that it does not directly affect the watercourse behind Mr X’s home.
6. The Council is also satisfied the owner of the fence will follow its reported inspection and maintenance regime. The owner has also confirmed they will remove debris as it gathers.
7. As the Council considered Mr X’s concerns and visited the site, there is no evidence of fault in the way the Council came to its decision. Without evidence of fault in the process, we cannot criticise the decision.
8. Mr X also complains the Council delayed in responding to his complaint. The Council has acknowledged this and apologised. Further investigation of this point will not lead to a different outcome.

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Final decision

9. We will not investigate Mr X’s complaint. We have not seen evidence of fault in the way the Council decided the fence on land behind his home and that it does not directly affect the watercourse.
10. Further investigation into the Council’s delay in responding to his complaint will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman