Source · LGO (Local Government & Social Care Ombudsman)

Environment Agency

LGO (Local Government & Social Care Ombudsman) Other Reference 24-002-068 Sector Environment And Regulation Category Other Decided 18 June 2024

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Agency’s failure to make an adjoining landowner to Ms X take action to prevent the flooding of her property. This is because Ms X has a right to take court action against the Agency if she believes it is liable to pay her compensation and so the complaint falls outside our jurisdiction for this reason.

The complaint

Ms X complains that for three years the Agency did not make an adjoining landowner take action to prevent the flooding of her property. She says she reported problems but these were largely ignored and she has been told the Agency will not pay her compensation and that the matter is a civil one between her and the adjoining landowner.

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 the complainant, including the Agency’s response to the complaint.

I considered the Ombudsman’s Assessment Code.

My assessment

The restriction highlighted at paragraphs 3 applies to Ms X’s complaint. We will not investigate when the complainant has a right to take the matter to court and we consider it reasonable for them to do so.

The Agency has explained to Ms X that it does not own any land in the vicinity of her property and that it is the legal duty of the riparian landowner to maintain the watercourse in question. It said that as its powers are discretionary it was under no legal duty to carry out maintenance works and therefore not liable to pay compensation.

If Ms X believes the Agency has not used its powers properly and she has been caused damage as a result, she can take legal action against it and the court will determine the matter.

Final decision

We will not investigate Ms X’s complaint because she has the right to take court action against the Agency if she believes it is liable to pay her compensation and so the complaint falls outside our jurisdiction for this reason.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving Environment Agency

Reference Date Summary Outcome
24-013-731 21 Jul 2025 Summary: Mr B complained the Environment Agency failed to maintain an existing flood protection scheme and failed to act to … Not Upheld
25-000-552 25 Jun 2025 Summary: We cannot investigate Miss X’s complaint about the Environment Agency (EA) giving her incorrect information about the flood risk … Other
24-016-384 23 Jun 2025 Summary: Mr X complains the Environment Agency (EA) failed to use their powers to clear a blockage in the River … Not Upheld
24-011-182 02 Dec 2024 Summary: We will not investigate this complaint about the Authority’s failure to carry out maintenance work on private land next … Other
23-020-104 29 Oct 2024 Summary: Mrs B has complained that the Environment Agency has wrongly asked for an indemnity from her against the risk … Upheld
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