The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of surface water drainage issues for a new development which may potentially increase the flooding risk to Mr X’s property. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Mr X complains about the Council’s Flood Risk Management Team’s consideration of surface water drainage issues linked to a new development for which the District Council has granted planning permission. He says as a result his property may potentially be at greater flood risk.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant, including the Council’s response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council that it had not properly considered the flooding implications to his property from a proposed development close to his home.
The Council responded to explain that as the development was not a major application it fell outside the responsibilities of the Council as the Lead Local Flood Authority and that the limited advice it had given had been provided to assist the District Council, the authority responsible for determining the application. It told Mr X it was satisfied the proposed development would not make worse an area that already sits within Flood Zone 3.
It is not our role to act as a point of appeal. Officers will use their professional judgement and we cannot question the merits of the decisions they take. While Mr X may be disappointed with the advice the Council gave to the District Council in respect of the application, there is no evidence to suggest fault affected it. It had a limited role and came to a view based on the information provided.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman