North Yorkshire Fire & Rescue Authority (24 023 273)
The Ombudsman's final decision:
Summary: Mr X complained about the Council’s failure to act in response to his report of a fire safety risk at a holiday let. We did not find the Authority to be at fault because it took action in accordance with national guidance and local policy.
The complaint
- Mr X complains about the Authority's failure to take enforcement action in response to fire safety concerns about a holiday let that he first raised in December 2024.
- He says he has lost confidence in the Authority’s ability to properly monitor fire safety risk in the event of a property owner being uncooperative.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
- We may investigate matters coming to our attention during an investigation, if we consider that a member of the public who has not complained may have suffered an injustice as a result. (Local Government Act 1974, section 26D and 34E, as amended)
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)
How I considered this complaint
- I considered evidence provided by Mr X and the Authority as well as relevant law, policy and guidance.
- Mr X and the Authority had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
Relevant local policy
The Authority’s fire safety enforcement policy
- This states, the Authority:
- will comply with national fire safety guidance, compliance codes and benchmark standards; and
- will take enforcement action that is proportionate, consistent and targeted at more serious risk
The Authory’s fire safety operating procedure
- This states when a report of a fire safety concern is raised, the Authority will:
- carry out an investigation within 24-48 hours; and
- write to the complainant within five days from the date of the inspection confirming the complaint will be dealt with appropriately.
What happened
- In October 2024, Mr X enjoyed a weekend away in a short-term holiday rental property. He describes it as an old Victorian property with a kitchen in the basement. He says the landlord only provided one key to access the back basement door. The landlord told him a side door key had been taken by a previous tenant but there should still have been another operational key. Mr X disputes this. Although this was inconvenient, Mr X’s main concern was about fire safety. In the event of a fire, there was only one possible escape route through the kitchen. Had a fire started in the kitchen, Mr X and his guests would have been trapped upstairs with no viable escape route. He says the upstairs windows did not open wide enough to climb out of.
- Mr X reported his concerns to the Authority in December 2024. Although he had not been personally affected, he was worried about the safety of future tenants. He heard nothing further from the Authority and was unable to obtain information about the matter under a Freedom of Information Act request for reasons of confidentiality. Concerned that the fire safety risk had not been dealt with, Mr X brought his complaint to the Ombudsman.
- In response to the Ombudsman’s enquiries, the Authority explained the action it had taken in response to Mr X’s report in December 2025.
Analysis
- The information the Authority has provided in response to our enquiries is more detailed than I am able to share with Mr X. The Authority is not obliged to inform complainants of action it has taken in response to a report of a fire safety risk. I acknowledge that Mr X was not sent a standard letter following the first inspection in December 2025. It should have done so, but I do not consider this is sufficiently serious to make a formal finding of fault on this issue alone.
- I am satisfied from the information I have seen that there was no fault in the Authority’s investigation and decision making about the fire safety hazard reported by Mr X. It acted in accordance with its internal procedure and national guidance.
Final decision
- I have not found the Authority to be at fault in how it responded to Mr X’s report of a possible fire safety risk. On this basis, I have completed my investigation.
Investigator's decision on behalf of the Ombudsman