Summary: We will not investigate this complaint about the Council testing its fire evacuation procedures. There is no remaining unremedied injustice because of the actions the Council has already taken and in any case, we cannot award compensation for personal injury.

The complaint

1. Ms X complained the Council subjected her to excessive noise nuisance and inconvenience, during a test of its fire evacuation and alarm procedures. Ms X said because she was not allowed to leave where she was, and the alarm was very loud, she suffered harm and now wants the Council to compensate her.
2. Ms X also said the Council delayed providing her with a response to her complaint.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X told us she was at a Council run leisure centre when it tested its fire alarm and evacuation procedures. Ms X said the length of time the alarm was allowed to run for was too long, and the noise was excessive. She also said staff had prevented her leaving.
7. The Council replied to Ms X’s complaint and apologised. It also said it had identified further training for its staff and offered Ms X a symbolic remedy to acknowledge her inconvenience. Because of the Council’s acknowledgement here and the actions it has taken in response, there is now no unremedied injustice and we will not investigate further.
8. Ms X has asked the Council pay her compensation for personal injury and we cannot do this, only the courts can.
9. Ms X was also unhappy the Council delayed completing her complaints within the Council’s own specified timescales. We will not look at this because it is not a good use of our time to consider complaint procedures where we do not look at the substantive matter.

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Final decision

10. We will not investigate Ms X’s complaint because the Council have already addressed Ms X’s complaint and we cannot award compensation.

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Investigator's decision on behalf of the Ombudsman