The Ombudsman's final decision
Summary: We will not investigate this complaint about drainage. This is because the matters are better dealt with by the courts and the Information Commissioner.
The complaint
The complainants, who I will call Mr X and Ms Z, complain about how the Council has dealt with matters relating to how their property connects to the public surface water sewers, they say the Council’s actions have resulted in flooding causing damage to their property. Mr X and Ms Z say the Council and the Water Authority are planning to change the status of a sewer meaning they will have no right for their property to connect to it in order to drain surface water away from their property. Mr X and Ms Z also say the Council has failed to properly deal with their Freedom of Information (FoI) requests about the matter.
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 The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X and Ms Z’s complaint that the Council’s decisions remove their right to connect their property to the sewer. This is because this is a legal dispute which would be better considered by the courts. I will also not investigate their complaint that the Council’s actions have caused damage to their property for the same reason. Matters of liability for damage to property are better decided by insurers and the courts.
I will not investigate how the Council has dealt with Mr X and Ms Z’s FoI requests. This is because this matter is better dealt with by the Information Commissioner,
Final decision
We will not investigate Mr X and Ms Y’s complaint because the matters are better considered by the courts and the Information Commissioner.
Investigator's decision on behalf of the Ombudsman