Summary: We will not investigate this complaint about the outcome of the Fire Service’s risk assessment. There is not enough evidence of fault to justify our involvement.

The complaint

1. Ms X complained about a risk assessment completed by the Fire Service which led to the closure of a community library situated in a railway station. She said the Fire Service was overly restrictive in its interpretation of the regulations that govern railway stations. She said the library’s closure deprived local people of a valued community resource. She wants the bookshelves reinstated.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In the Fire Service’s response, it confirmed the configuration of the railway station met the requirements of the Fire Precaution (Sub-Surface Railway Stations) (England) Regulations 2009 (the Regulations). It said as the community library was situated within the railway station’s boundary, the Regulations applied. It said the Regulations stated “all parts of station premises must be kept clear of any accumulation of combustible refuse or other combustible matter”.
6. Although Ms X disagrees with the Fire Service’s interpretation of the legislation, the Fire Service has set out how and why the Regulations apply to the railway station. There is not enough evidence of fault to justify investigating.

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Final decision

7. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman