Summary: will not investigate this complaint about the way in which how a fire engine was driven. This is because it is reasonable for the complainant to resort to court action to decide if the Fire Service is liable for compensation.

The complaint

1. Mr X complains about how a fire engine was driven. Mr X says the speed and positioning of the fire engine caused him to drive his vehicle into the pavement causing damage to his vehicle and impacting him physically, emotionally and psychologically. Mr X seeks compensation from the Authority.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. I will not investigate Mr X’s complaint because it is reasonable to expect Mr X to take legal action for the compensation he seeks. It is for the courts and not the Ombudsman to decide matters of liability and award compensation.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable for him to pursue the matter in court.

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Investigator's decision on behalf of the Ombudsman