Eleanor VaughanSomerset recorded its second wettest January on record in early 2026, with Storm Chandra driving more than double the average rainfall through the Parrett and Tone catchments. Around 1.2 million cubic metres of water per hour moved through the Somerset Levels at the height of the event. Hundreds of homes were flooded, fields submerged for weeks, and the Environment Agency opened a public consultation on the flood response. Now, months later, many Somerset homeowners are still dealing with the consequences — and asking who bears legal responsibility.
What Happened in Somerset in January 2026
Storm Chandra struck between January and early February 2026, delivering rainfall totals that exceeded 200 per cent of the seasonal average across the county. The Somerset Levels — a low-lying floodplain long managed by a network of drainage boards, pumping stations, and raised embankments — were overwhelmed at several points.
The Environment Agency has since acknowledged that response times and pumping capacity were stretched. Somerset County Council, which has been managing a declared financial emergency, has faced scrutiny over maintenance of local drainage infrastructure. Flood warnings remained in place into late February and March in some areas.
Can Somerset Flood Victims Claim Compensation?
This is the question many affected homeowners are now putting to solicitors. The answer depends on the specific circumstances — and it is more nuanced than a simple yes or no.
Claims against the Environment Agency or local authority
Public bodies have a legal duty to maintain flood defences and drainage infrastructure to a reasonable standard. However, they do not have an absolute duty to prevent flooding. Under the Flood and Water Management Act 2010 and common law, a claim against the EA or a council requires demonstrating that:
- A specific failure in maintenance or operation caused or materially worsened the flooding
- The failure fell below the standard of care expected of a public body in those circumstances
- The homeowner suffered quantifiable loss as a result
These claims are complex and rarely straightforward. Judicial review and negligence claims against public bodies face high evidential hurdles, and legal aid is limited in this area.
Claims against neighbours or developers
If flooding originated on a neighbouring property — due to poorly maintained land, blocked drains, or watercourses that were altered without consent — a civil nuisance or trespass claim may be available. Similarly, if recent development in a catchment area demonstrably increased surface water runoff, planning conditions may have been breached.
Flood Re: The Insurance Scheme You May Not Know About
Many Somerset homeowners with a history of flooding may be covered under Flood Re, the reinsurance scheme jointly run by the UK insurance industry and the government. Flood Re allows insurers to pass flood risk to a shared pool, keeping premiums more affordable for properties in high-risk areas.
If your property was built before 1 January 2009, you are likely eligible for Flood Re cover — but you need to check whether your insurer is a Flood Re participant and whether your policy was written under the scheme. Properties built after 2009 are excluded.
If you made a successful claim after the January flooding but were refused renewal, or offered renewal at significantly higher premiums, that decision can be challenged through your insurer's complaints process and ultimately the Financial Ombudsman Service.
What a Solicitor Can Do That a Claims Management Company Cannot
After large flood events, the number of claims management companies (CMCs) targeting affected homeowners tends to spike. These companies are regulated, but they operate on a fee basis and typically focus on insurance disputes rather than public law claims.
A qualified solicitor can assess whether you have a viable claim against a public body, advise on limitation periods (typically three years from knowledge of damage), and pursue Judicial Review proceedings if a public authority's decision to restrict flood defence works was procedurally flawed.
You can find a specialist property and flood law solicitor through ExpertZoom who can review the specific facts of your case and advise on the realistic options.
What to Do Right Now If You Are Affected
- Document everything — keep photographs, repair invoices, correspondence with your insurer, and any communications from the EA or council
- Check your policy wording — confirm whether it is Flood Re-backed and what your excess is for flood damage
- Do not accept an insurer's settlement offer without independent advice — particularly for complex structural damage
- Be alert to limitation periods — a three-year window for bringing a claim sounds long, but investigation and evidence-gathering takes time
The Environment Agency's Somerset Flooding 2026 consultation, accessible through the official Engage Environment Agency portal, also provides an opportunity to formally record the impact on your property, which may support future claims or planning challenges.
This article provides general legal information only. For advice on your specific circumstances, consult a qualified solicitor.
