Summary: The Ombudsman will not investigate this complaint that officers made inappropriate comments during a fire safety inspection. This is because it is unlikely he could add to the response from the Service.

The complaint

1. The complainant, whom I refer to as Mr X, complains that officers made inappropriate comments during a fire safety visit.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Service, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Service’s response. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

4. Mr X lives in a tower block and has mobility issues. A neighbour left some furniture in a communal area which blocked Mr X’s access. Mr X contacted the Service who arranged for officers to visit.
5. Mr X says that, during the visit, an officer asked a colleague if “this is the item he is moaning about.” Mr X was very upset by the comment.
6. In response to his complaint the Service said the officers could not recall making the comment. They remember speaking to Mr X about fire safety and report that he did not mention the alleged comment. The Service said it could not uphold the complaint as there was no other evidence to either support or deny that the comment was made. The Service explained it did another inspection in February and was satisfied appropriate action had been taken in relation to fire safety.
7. Mr X says the Service has fobbed him off and implied he has lied. He is more upset by the incident than by the items left in the hall. He wants the officers to be reminded of appropriate conduct and for the Service to take his complaint seriously.

Assessment

8. I will not start an investigation because it is unlikely I could add to the Service’s response. I have no reason to doubt Mr X’s report of the incident but, equally, I have no evidence on which to question the response provided by the officers. We make evidence based decisions and there is no independent evidence on which I could question the Service’s response. In addition, the primary concern is fire safety and, as a result of Mr X’s report, the fire safety issues have been addressed.

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Final decision

9. I will not start an investigation because it is unlikely I could add to the Service’s response.

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Investigator's decision on behalf of the Ombudsman