The Ombudsman's final decision
Summary: We will not investigate this complaint that fault by the Council led to the flooding of property owned by Mr X. This is because Mr X has a court remedy available which we would reasonably expect him to use.
The complaint
The complainant, who I refer to as Mr X, complains about the Council’s response to his insurance claim for damages following the flooding of property he owns, caused as a result of drainage issues in the area.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The restriction highlighted at paragraph 3 applies to Mr X’s complaint. The Council has denied liability for damage caused to Mr X’s property as a result of flooding and if Mr X wants to challenge this decision, he has an alternative remedy available through the courts which we would reasonably expect him to use. As this is the case, the complaint falls outside our jurisdiction and will not be investigated.
We will not investigate matters relating to the Council’s complaint or claim handling when we are not investigating the substantive issue.
Final decision
We will not investigate Mr X’s complaint because he has a court remedy available which we would reasonably expect him to use.
Investigator's decision on behalf of the Ombudsman