The Ombudsman's final decision
Summary: We will not investigate this complaint about drainage because the courts and insurers are better placed to deal with the complaint.
The complaint
Mr Y complained the Council’s building works at the rear of his property has caused flooding and damage to his garden.
Mr y says this has caused damage to his property and he is unable to use his back garden due to the amount of water pooling in it.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y complained the Council’s building works at the rear of his property has caused flooding and damage to his garden. Mr Y wants the Council to fix the problem or agree to pay for him to have the work carried out. The Council denies the issue is being caused by the works it is carrying out behind his property.
The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property or personal injury. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
We are not able to decide liability or award damages. Consequently, any claim for damages, such as costs for repairs to his garden, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. We will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because the courts and insurers are better placed to deal with the complaint.
Investigator's decision on behalf of the Ombudsman