The Ombudsman's final decision
Summary: We will not investigate this complaint about a delay in carrying out recommendations from a flood investigation report. The Council has now sent the recommended advice. Therefore, further investigation would not lead to a different outcome.
The complaint
The complainant, I shall call Mr X, says the Council failed to carry out recommendations stated in a report issued following flooding affecting his home.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A (6))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X ‘s home was flooded in December 2020. The Council investigated to find out the cause of the widespread flooding and identify the roles and responsibilities of organisations involved.
The report was published in July 2021. It included recommendations for the Council to “advise the riparian owners of their responsibilities and ensure they carry out a maintenance regime in line with the risk identified and communicate with affected parties.”
Mr X complains the Council failed to contact the riparian owners according to the recommendation in the report.
In response to my enquiry the Council has confirmed it has now written to the relevant riparian owners. Therefore, I consider that further investigation will not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because the Council has carried out the recommendation in the flood investigation report. This is the action Mr X was seeking, and further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman