The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s highway works resulting in flooding to Mrs X’s property. This is because it is reasonable for her to go to court.
The complaint
Mrs X complains the Council has refused to accept responsibility for its raised footpath diverting rainwater to her house, causing flooding and damage to her property.
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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says the Council’s highway works have resulted in flooding to her property. However, the Council denies this and says the flooding is due to rainwater falling onto and over private land.
Mrs X has the right to apply to a Magistrates’ court for an order requiring the Council to take whatever action is needed to bring the highway up to standard.
And only the courts can decide on liability for negligence and on any claim for damages.
It is reasonable for Mrs X to go to court and therefore I will not investigate.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable for her to go to court.
Investigator's decision on behalf of the Ombudsman