The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that his home has been flooded due to the Council’s failure to maintain drains in the local area. This is because it is reasonable for Mr B to pursue his compensation claim at court if needed.
The complaint
Mr B says his home has been flooded due to the Council’s failure to maintain the drains in the local area. Mr B says this has happened twice in four years and he has had to move out of his property because of the extent of the damage. Mr B would like the Council to pay him compensation to allow him to find a new home.
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 Act 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 Mr B and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Our role is to consider complaints of administrative fault. We do not normally investigate complaints about property damage. This is because such complaints are about whether an organisation has been negligent.
Negligence claims are best decided by an organisation’s insurers, and if needed, the courts. Only the courts can decide if an organisation has been negligent and so should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
The Council’s insurers are considering Mr B’s claim for compensation. If Mr B is not satisfied with the decision on his claim he may pursue the matter at court. I find it is reasonable and proportionate for Mr B to do this.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman