The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the Environment Agency (EA) giving her incorrect information about the flood risk to a property she bought. We do not have powers to investigate the action by the EA complained so it is not within our jurisdiction.
The complaint
Miss X sought information from the Environment Agency (EA) about a property’s flood risk before she bought it several years ago. She complains the EA: gave her incorrect information about the property’s flood risk; has refused to provide a remedy to her.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We investigate complaints about councils and certain other bodies. We can only investigate the actions of the EA in connection with its flood defence works and land drainage matters. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information from Miss X, the EA, and the Ombudsman’s Assessment Code.
My assessment
Miss X’s complaint is about an incorrect EA officer response to her request for information about the flood risk to a property she then bought. She sold the property last year, at which point she discovered its assessed flood risk was ‘medium’, not ‘low’ as she had previously been told in error by the EA.
We can only investigate the EA’s involvement in flood defences and land drainage matters. The administrative issue Miss X has complained about, an information error in a letter sent to her by the EA, does not fall within either of the EA functions we can investigate. The complaint is outside our jurisdiction as we do not have powers to investigate it.
Final decision
We cannot investigate Miss X’s complaint because the action by the EA she has complained of is not one within our jurisdiction.
Investigator's decision on behalf of the Ombudsman