Summary: The Ombudsman will not investigate Ms B’s complaint that a Fire and Rescue Service Officer lied about attending her property. This is because the Fire and Rescue Service has fitted an appropriate letter box cover so there is no ongoing injustice warranting an Ombudsman investigation. The Ombudsman cannot investigate employment matters so cannot provide Ms B with the outcome she wants.

The complaint

1. Ms B complains a Fire and Rescue Service Officer lied when he said he had returned to her property at the agreed time. Ms B says she was in the property at the arranged time and he did not return. Ms B says she has been put to a great deal of trouble and had to take an additional day off work to get works completed which should have been undertaken the same day. Ms B says the Ombudsman should fully investigate the lies told by the officer who she says should be disciplined.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
3. 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 Fire and Rescue Service 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)

Back to top

How I considered this complaint

4. I considered the information and documentation Ms B and the Fire and Rescue Service provided. I sent Ms B a copy of my draft decision.

Back to top

What I found

5. Ms B is unhappy with the outcome of the Fire and Rescue Service’s investigation into her complaint that a fire officer did not return to her property at the agreed time as he alleged.
6. The Fire and Rescue Service say the officer did attend the property but found no one at home.
7. There are differing views about whether the Fire Service Officer returned to the property, however, the Ombudsman will not investigate this point. Although Ms B had to arrange another appointment to have the letter box fitted, the Fire and Rescue Service have confirmed there is now a suitable lockable letterbox fitted to the property. There is no ongoing injustice warranting an Ombudsman investigation.
8. Ms B says she wants the officer disciplined for the lies he told. This is a personnel matter and not one the Ombudsman can consider.

Back to top

Final decision

9. The Ombudsman will not investigate this complaint. This is because the Fire and Rescue Service has fitted an appropriate letter box cover so there is no ongoing injustice warranting an Ombudsman investigation. The Ombudsman cannot investigate employment matters so cannot provide Ms B with the outcome she wants.

Back to top

Investigator's decision on behalf of the Ombudsman