Highways Agency was not responsible for flooding

What happened

In 2008 the Highways Agency widened a main road and removed a lay-by next to Mr J's land. Mr J complained about flooding to his land from 2008 until 2011. The Agency, with the help of an independent expert, looked at whether its road improvements had caused the flooding. The Agency found that some drains needed to be repaired or replaced, but that neither the drains nor the road improvements had caused the flooding. Mr J did not agree and took his complaint to the ICA. Nearly two years later, the ICA said it did not uphold Mr J's complaint.

What we found

The Agency took appropriate action to try to resolve Mr J's complaint. It took the issues he raised seriously, and asked an independent and suitably qualified expert to look at the matter. There was no evidence the expert was anything other than impartial. The Agency's response to the issues, based on the independent expert's findings, was reasonable.

The ICA's conclusions were also reasonable. But review of the complaint took too long and that caused Mr J a significant amount of concern and frustration. We found the Department for Transport was responsible for the delay.

Putting it right

The Department for Transport apologised to Mr J for the delay in completing the ICA's review and for the frustration and inconvenience that caused him.