Summary: We will not investigate this complaint about the Council’s failure to act to resolve flooding on the road where he lives. We have not seen enough evidence of fault in the Council’s actions to justify our involvement.

The complaint

1. Mr X complains the Council is failing to act to prevent flooding in the road where he lives.
2. He says this delayed medical services when they were attending his home. In turn this delayed his treatment and caused unnecessary pain and suffering.

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The Ombudsman’s role and powers

3. 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

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

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My assessment

6. Mr X complained to the Council that a pond near his home has been overflowing and flooding the street.
7. The Council advised it spoke to the riparian owner about how the water can be better controlled and it will monitor the situation. It says the riparian owner confirmed they would drop the board controlling the water flow. The Council confirms the board has been replaced with a shorter board.
8. It also confirms the rill next to the street is a main river and therefore under the control of the Environment Agency. The ponds which feed into the fee are privately owned.
9. The Council contacted the Environment Agency and discussed the waterflow. It confirms they agreed that dropping the board from the ponds too low will likely cause highway flooding and/or transfer the problem downstream. Increasing the height of the board will likely cause flooding at the site of Mr X’s concerns.
10. The Council’s duty to ensure safe passage along the highway was considered through agreement with the landowner to reduce the board height. The Council inspected the site in autumn 2023 and spring 2024. No defects were recorded. There is no requirement to take enforcement action against the pond owner for increased pond vegetation. Evidence shows the pond is fed from groundwater.
11. The Council also confirms it will continue to monitor the water level and investigate any reports it receives through its online reporting system.

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Final decision

12. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the Council’s actions. It is not responsible for the maintenance of the rill. As a main river this is an issue for the Environment Agency. And the ponds feeding the rill are privately owned.

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Investigator's decision on behalf of the Ombudsman