The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to require the owners of lakes to carry out maintenance to alleviate flood risks in the area. This complaint concerns the definition of the drainage legislation and only the courts can determine the legal meaning. We cannot determine points of law.
The complaint
Ms X complained about the Council’s failure to enforce drainage legislation against the owners of lakes in her area which she says present a flood risk. She says the Council has wrongly interpreted its responsibility for keeping the lakes maintained so that blocked outflows do not cause flood risks.
The Ombudsman’s role and powers
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 and the Council’s responses.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says the Council’s response to her requests to have watercourses from a lake maintained by the owners has disregarded its flooding responsibility as lead local flooding authority. She says the failure to ensure channels from the lake are kept clear of reeds and vegetation presents a flood risk to the area where she lives.
The Council says that the lakes are bodies of water not watercourses and that although it has inspected the outlets form the lakes it does not consider that it should take action under the Land Drainage Act 1991.
We cannot determine points of law and this includes the definition of legislation where there is doubt. Only the courts can decide how the legislation is applied and Ms X would have to seek such a determination by way of judicial review to resolve her dispute with the Council.
Final decision
We will not investigate this complaint about the Council’s failure to require the owners of lakes to carry out maintenance to alleviate flood risks in the area. This complaint concerns the definition of the drainage legislation and only the courts can determine the legal meaning. We cannot determine points of law.
Investigator's decision on behalf of the Ombudsman