The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about damage to the complainant’s home and garden caused by flood alleviation works over the past years. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
The complaint
Miss X complained about the Agency’s alleviation works to her home area following major flooding in 2016. She says a further flood took place in 2020 during the works and that she has not received adequate compensation for the damage to her home and garden.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a public authority has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says her home was flooded in early 2016 along with several other properties in the town. The Environment Agency started alleviation works in 2017 and carried out surveys of the homes involved. Miss X said in 2020 that a post-condition survey should now be undertaken. The Agency told her that the surveys were only undertaken as a benchmark against any claims which may arise from the works. It advised her in 2020 to submit a claim if she believes damage has been caused directly by the works. It advised it has no liability for damage caused by the flooding itself.
Miss X raised further complaints and the Agency gave its final advice to submit a claim in early 2021. In 2022 she made a formal complaint and then complained to us.
We will not exercise discretion to consider this complaint now. It was received outside the 12-month period from when the complainant became aware of the matter and there is no evidence to suggest Miss X could not have complained to us sooner.
Final decision
We will not exercise discretion to investigate this complaint about damage to the complainant’s home and garden caused by flood alleviation works over the past years. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman