Essex County Fire & Rescue Services (22 009 656)
Category : Environment and regulation > Health and safety
Decision : Closed after initial enquiries
Decision date : 09 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Fire and Rescue Service dealt with concerns about fire risks. This is because there is insufficient evidence of fault.
The complaint
- The complainant, who I will call Mr X, complains about how the Fire and Rescue Service (F&RS) dealt with his concerns about fire risks on a site where he has a caravan. Mr X says the risks pose a threat to his caravan.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the F&RS.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In response to Mr X’s concerns, the F&RS service carried out a visit to the site speak to the owner, viewing the fire risk assessment in place and making observations. It made a number of recommendations to the owner in regards to fire safety. These recommendations were overseen by a manager who concluded that the recommendations were appropriate.
- Further site visits were carried out by the F&RS and further specific concerns raised by Mr X were considered. The F&RS responded to Mr X explaining why it considered the fire safety measures and access to the sire were deemed to be acceptable and did not present an unacceptable risk.
- I will not investigate Mr X’s complaint. We cannot challenge the merits of professional judgements in the absence of fault during the process used to make a decision. There is not enough evidence of fault by the F&RS in the process it followed here to warrant us investigating. The F&RS carried out a several site visits, considered relevant information and considered the specific concerns raised by Mr X, and informed him of its findings. I recognise Mr X strongly disagrees with the F&RS’s view regarding fire risk on the site. But this does not mean the F&RS has done anything wrong.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman