London Fire Commissioner (24 017 514)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 26 Feb 2025

The Ombudsman's final decision:

Summary: We cannot investigate Ms X’s complaint about the actions of the Fire Authority in September 2021. This is because the complaint is late.

The complaint

  1. Ms X complained about how the Authority responded to two false emergency alarms in September 2021 indicating she was incapacitated and in need of assistance.
  2. Ms X said the matter caused her distress.

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The Ombudsman’s role and powers

  1. 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 an Authority has done. (Local Government Act 1974, sections 26B and 34D, as amended)
  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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We cannot investigate Ms X’s complaint about the actions of the Authority in September 2021. This is because the complaint is late. Ms X brought her complaint to the Ombudsman in late 2024. This is three years after the incidents occurred. The law says we can only investigate matters up to 12 months before a complaint is brought to us unless there are good reasons. I have seen no good reason Ms X could not bring the complaint to the Ombudsman sooner, and therefore we cannot investigate this complaint.
  2. In any case, even if the complaint was not late, there is insufficient evidence of fault in the actions of the Authority to warrant an investigation by the Ombudsman. The Authority attended in response to two emergency calls and acted to satisfy that Ms X was safe. Therefore, we will not investigate this complaint.
  3. Ms X also complained about how the Authority handled her complaint. It is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue. Therefore, we will not investigate this matter.

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Final decision

  1. We cannot investigate Ms X’s complaint because the complaint is late, and there is insufficient evidence of fault in any case.

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Investigator's decision on behalf of the Ombudsman

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