The Ombudsman's final decision
Summary: We will not investigate this late complaint about the Fire and Rescue Services (F&RS) decision not to reopen Mr B’s complaint and amend its findings on the cause of a fire in 2019. This is because there is not enough evidence of fault with the actions taken by the F&RS to warrant an Ombudsman investigation and no good reason to investigate this late complaint now.
The complaint
Mr B complains the Fire and Rescue Service (F&RS) should reopen an investigation into a fire in 2019 where the flat below and adjoined to him caught fire. Mr B says the decision taken by the F&RS to close the case on the grounds the fire was caused by an electrical fault is not correct. Mr B says the fire was an arson attack and gave the names of the alleged culprits to the police and the F&RS. Mr B says the F&RS and police blame each other for closing the case on the wrong grounds.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a F&RS has done. (Local Government Act 1974, sections 26B and 34D, as amended) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The F&RS considered Mr B’s request for a review of its 2019 decision. It explained it had spoken to crew members who attended on the night and visited the property with the police to inspect it following Mr B’s recent complaint. It said the Incident Commander, who has since retired, recorded the fire as ‘accidental electrical’ in 2019 and following further inspection found no evidence to suggest the incident was anything other than that recorded. It advised Mr B claims of arson can only be investigated by the police.
Mr B knew of the F&RS’s decision in 2019. We could not say what the cause of the fire was and can only consider whether there has been administrative fault. The F&RS considered Mr B’s request for a review, visited the property, and found no evidence of arson. There is not enough evidence of fault with the actions taken by the F&RS to warrant an Ombudsman investigation.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault with the actions taken by the F&RS to disapply the law to investigate this late complaint.
Investigator's decision on behalf of the Ombudsman