London Fire & Emergency Planning Authority (21 011 783)
Category : Environment and regulation > Noise
Decision : Closed after initial enquiries
Decision date : 22 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about the Fire and Rescue Service (F&RS). This is because there is not enough evidence of fault with the actions taken by the F&RS to warrant an Ombudsman investigation.
The complaint
- Mr B complains the Fire and Rescue Service (F&RS) uses its sirens inappropriately and this affects his mental health and sleep when used during the night.
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 cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complain
- I considered information provided by the complainant and the Authority.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The F&RS responded to Mr B’s complaint and advised it has reminded all watches to only use the sirens when absolutely necessary. This includes neighbouring authorities who disturbed Mr B on the occasions he complained. It explained the importance of using audible warning devices appropriately but said the duration can be regulated and is down to the driver’s or officer in charge risk assessment of the situation at the time. It explained while other agencies may use their signals less, the LFB vehicles are larger and have a different stopping distances, which pose a greater risk to pedestrians and other road users. The F&RS advised Mr B while it has updated all watches on the issue of using sirens, it will continue to use them whilst moving through red lights. We could not say this is fault.
Final decision
- We will not investigate Mr B’s complaint because there is not enough evidence of fault with the actions of the F&RS to warrant an Ombudsman investigation.
Investigator's decision on behalf of the Ombudsman