Cleveland Fire Brigade (19 012 140)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 13 Nov 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr A’s late complaint about the way the Fire and Rescue Service handled an arson attack on his property in 2013. This is because Mr A could have come to the Ombudsman before if he was concerned about the actions of the Fire and Rescue Service so there is no good reason for the Ombudsman to disapply the law to investigate now.
The complaint
- Mr A says Fire and Rescue Service officers lied and covered up matters relating to an arson attack on his property in 2013. Mr A says when he had a recent inspection of his property the Fire and Rescue Service says it did not have a record of an arson attack in 2013, but he has a letter from the housing department evidencing it.
The Ombudsman’s role and powers
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered the information Mr A provided. I sent Mr A a copy of my draft decision and considered his comments on it.
What I found
- The law says complaints to the Ombudsman must be made in writing, and within 12 months of the day a person first had notice of the matter.
- Mr A says the Fire and Rescue Service says it does not have a record of an arson attack in 2013 but he has a letter from the housing department evidencing there was a fire.
- The matters Mr A complains about happened in 2013. Mr A could have come to the Ombudsman sooner if he was concerned about the actions of the Fire and Rescue Service at the time.
Final decision
- The Ombudsman will not investigate this complaint. This is because Mr A could have come to the Ombudsman before if he was concerned about the actions of the Fire and Rescue Service so there is no good reason for the Ombudsman to disapply the law to investigate now.
Investigator's decision on behalf of the Ombudsman