Summary: Mr X complained the Council delayed taking action following his reports of flooding on a road near to his property. Mr X also complained the Council did not adequately respond to his requests for information about the issue. He says the Council’s actions meant he had to take alternative routes for several months when travelling to and from his address. We found fault by the Council. The Council has agreed to provide an apology and a financial remedy to Mr X and remind its staff to respond to service users in a timely and suitable manner.

The complaint

1. Mr X complained the Council delayed taking action following his reports of flooding on a road near to his property. Mr X also complained the Council did not adequately respond to his requests for information about this issue. He says the Council’s actions meant he had to take longer, alternative routes when travelling to and from his address, for several months, as the flooding restricted the routes he was able to take. Mr X also says vehicles used his driveway as a turnaround to avoid the flooding, causing damage to his driveway. He would like the Council to improve its responses to service users when they report a problem.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I discussed the complaint with Mr X and considered the information he provided.
5. I made enquiries to the Council and considered the information it provided.
6. Mr X and the Council had the opportunity to comment on a draft of this decision. I considered their comments before making a final decision.

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What I found

The Council’s Highways Asset Management Strategy

7. The Council’s Highways Asset Management Strategy acknowledges the Council is the Lead Flood Authority with responsibilities for managing flooding from local sources. This includes ordinary watercourses, surface water and groundwater in the area.
8. The strategy says the Council aims to engage and inform its customers, providing appropriate and timely information, and responding to customers in a suitable and timely manner.

What happened

9. This chronology includes key events in this case and does not cover everything that happened.
10. Mr X says the road near to his house becomes flooded in the winter. He says the issue has been ongoing for about the past five years.
11. In September 2023, the road near to Mr X’s house flooded. Mr X reported the flooding to the Council on 18 September 2023. He said the water was so deep it blocked the road for pedestrians. Mr X said he was concerned the flooding would be a problem throughout the winter if the Council did not resolve the issue.
12. Mr X reported the matter to the Council again on 7 October 2023. He said the area had remained flooded for the past two weeks and it was causing damage to vehicles trying to drive through it. Mr X said the debris from the vehicles was causing a further hazard to pedestrians.
13. Mr X reported his concerns again on 13 November 2023 and said the road was closed due to standing water. Mr X said vehicles had damaged the grass verges as a result of them having to pull over to let each other past.
14. Mr X contacted the Council on two further occasions in November 2023 about the flooding. He said the Council had failed to clear the silt from the drain cover and asked why the Council had not checked to see if the drain was sufficiently clear to remove the water. Mr X said he had previously raised this query, but the Council had only provided a standard response which did not answer his question.
15. Mr X contacted the Council again on 1 December 2023 to report that vehicles had transferred water onto either side of the pool, and that this had frozen into a sheet of ice. Mr X said the conditions were dangerous for drivers and pedestrians.
16. On 13 December 2023, Mr X contacted the Council again. He said part of the road remained impassable because of the standing water. Mr X said a temporary road closure in place at the site should have been resolved by mid-December.
17. During this time, the Council had begun to make enquiries about how to deal with the issue of the standing water. This included seeking legal advice and liaising with a construction company with a view to commissioning a drainage survey. The Council acknowledged Mr X’s contacts and informed him his previous reports remained open. It also stated that although the temporary road closure was due to finish in mid-December, if the flooding issue was not resolved, the on-site work crew was permitted to remain for a longer period.

What happened next

18. Mr X contacted the Council again in February 2024. He acknowledged the Council had informed him it was liaising with surveyors and the relevant landowners. Mr X asked the Council to clarify which option it had selected to resolve the issue, and the timescale for carrying out the works. He also asked the Council why it had not provided pedestrian access around the flood.
19. The Council acknowledged Mr X’s contact and confirmed it had added any new information he had provided to its records.
20. Mr X complained to the Council on 1 March 2024. He said he had raised numerous reports about the flood and was unhappy with the lack of any visible action undertaken by the Council. Mr X also complained the Council had not provided answers to the questions he had put to it.
21. The Council acknowledged receipt of Mr X’s complaint on 11 March 2024.
22. On 7 April 2024, Mr X requested an update from the Council regarding his complaint.
23. An officer from the Council attended a local Parish Council meeting in mid-April 2024. The officer apologised for the time taken by the Council to find a solution to the flooding and apologised to the landowners that its Highways team had only recently contacted them. The officer said the Council considered it had identified a plan to provide a permanent solution and that works could potentially start in about four to six weeks.
24. On 17 April 2024, the Council provided its complaint response to Mr X. It said although it had not carried out any work on the ground, it had been working hard in the background to find a workable solution. The Council said it had met with landowners the previous week and had gained permission to install a new carrier drain through private land. The Council acknowledged the frustration felt by Mr X and acknowledged it had not responded quickly enough as an authority to the flooding issue.
25. Mr X asked the Council to escalate his complaint to the next stage. He said the Council had not responded to his complaint in a timely manner and was only now providing information he had initially requested in November 2023. Mr X said nothing had changed to reverse the two key themes of his complaint, namely a lack of action by the Council and a lack of information.
26. In April 2024, Mr X brought his complaint to the Ombudsman. We asked the Council to consider the complaint at stage two of its own complaints process.
27. The Council provided an update to Mr X on 26 April 2024. It said it had carried out a site meeting with a contractor who was due to start initial works onsite in mid-May 2024. The Council estimated the works would take about seven weeks to complete.
28. On 20 May 2024 the Council provided its stage two complaint response. It said work to address the issue had commenced and was progressing. The Council said it considered it had dealt with the matter and no further action was required.
29. On the same day, a Council officer attended the monthly Parish Council meeting. The officer explained the Council had re-opened the road after the owner of the adjacent land had agreed to allow the water to be drained onto their land. The officer said the Council had approved the funding for work to commence on a permanent solution and this was due to start in early June 2024.
30. Mr X remained dissatisfied with the Council’s response and brought the complaint to us.
31. The works undertaken to improve the drainage at the site was concluded in July 2024.
32. Analysis – action taken by the Council
33. Mr X complained the Council delayed taking action following his reports of flooding. The Council’s records show Mr X initially reported this issue on 18 September 2023 and made several subsequent reports. The evidence indicates the Council made enquiries about how to deal with the matter in November and December 2023. It also contacted a construction company to carry out a survey and to request a program of works.
34. The evidence shows the Council did not contact the owners of the land adjacent to the flood until March 2024, and did not meet with them until April 2024. Following this meeting, one of the landowners agreed for the standing water to be drained onto their land while the Council considered providing a more permanent solution. As a result of draining the water, the Council was able to re-open the road. I acknowledge the Council says that prior to March 2024, it was working with the land agent of the landowner.
35. However, the Council’s records show a delay in taking action to alleviate the problem of the standing water. I acknowledge the actions taken in considering how the matter could be resolved permanently, but the Council did not consult with the landowners directly until March/April 2024. This is approximately six months after Mr X initially raised his concerns. This delay is fault.
36. I acknowledge the Council itself identified delay in its complaint response to Mr X, as it acknowledged its response to this issue was not quick enough. It is positive the Council apologised to Mr X; however, this does not adequately address the injustice to him. Mr X says the Council’s actions caused avoidable frustration and meant he had to take lengthy detours when travelling to and from his house. I acknowledge Mr X’s comments and consider the injustice to him is also the uncertainty as to how/when the Council would take action to resolve the matter.

The Council’s responses to Mr X

37. Mr X complained the Council did not adequately respond to his requests for information. He says he often only received standard responses which appeared to be automatically generated, and did not address the queries he made.
38. I have reviewed the Council’s records and consider these show several contacts from Mr X. Some of the contacts are his reports of the ongoing flooding issues, but some also ask the Council for clarification and updates. Several of the Council’s responses to Mr X simply informed him that it had updated his previous contact and that his report remained open. As a result, some of the Council’s responses do not provide answers to Mr X’s queries.
39. The Council’s Highways Asset Management Strategy states the Council’s aim is to keep its customers informed and provide appropriate and timely responses. The evidence indicates the Council did not do this on several occasions. This is fault.

The Council’s complaint handling

40. The Council operates a two-stage complaints process. At stage one, the Council says it will acknowledge a complaint within five working days of receipt and will respond within 10 working days of acknowledgment. At stage two, the Council says it will acknowledge a stage two request within five working days and provide a response within 20 working days of acknowledgment.
41. The evidence indicates the Council did not adhere to the timeframes specified by its complaints policy. The Council is therefore at fault regarding this aspect of the complaint. This incurred additional time and trouble to Mr X as he had to chase the Council for a complaint response.

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Agreed action

42. To address the injustice to Mr X, the Council has agreed to take the following action within one month of the final decision:
1. Provide an apology to Mr X for the fault identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings;
2. Make a symbolic payment of £150 in recognition of the frustration and uncertainty caused;
3. Make a further symbolic payment of £100 in recognition of the time and trouble incurred, and
4. Remind staff to respond to service users’ concerns in a suitable and timely manner, in line with the Council’s Highways Asset Management Strategy.
43. The Council should provide us with evidence it has complied with the above actions.

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Final decision

44. I have found fault by the Council and the Council has agreed to take the above action to resolve the complaint. I have therefore concluded my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman