Summary: We will not investigate this complaint that members of the Fire Service stalked him. Further investigation would not lead to a different outcome.

The complaint

1. Mr X complained members of the Fire Service stalked him at a public event. He believes the Fire Service may have deleted records of this. He said this had left him feeling shaken.

Back to top

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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We will not investigate Mr X’s complaint about the Fire Service. In its complaint response, the Fire Service explained the individuals were seeking clarity on Mr X’s attendance at a public event. It said that was not a breach of duty or regulation. Further investigation by the Ombudsman, would not lead to a different outcome.
6. If Mr X believes the Fire Service has altered records it holds about him, that would be a matter for the Information Commissioner’s Office.
7. Following the complaint response, Mr X complained about conversations he had with other members of the Fire Service. He felt they did not consider his concerns seriously, lacked empathy with him and were hostile.
8. We will not investigate these complaints. Firstly, the Fire Service has not yet provided its final response, so the complaints are premature. Secondly, our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. Any injustice is not significant enough to justify our involvement.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman