Summary: We will not investigate Ms X’s complaint about the Fire Service’s response to her report of fumes in her property. There is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained about how the Fire Service responded to her report of chemical fumes in her property. She said on attending her property, only one Fire Officer entered, whilst the other refused to enter because of the fumes. She said the Fire Officer who entered her property, wrongly said there was no evidence of fumes. She believes this was a cover-up as she heard the gas detection equipment bleeping. She said the Fire Officer’s then refused to call an ambulance of her.

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:

• there is not enough evidence of fault to justify investigating.

(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. In its response to Ms X’s complaint, the Fire Service said:
• Only one Fire Officer entered the property to investigate if fumes were present to protect staff.
• That the gas detection equipment bleeps, but that does not signify gas is present.
• That the fire Officer’s did not assess an ambulance was needed as there was no evidence of gas or fumes present.
6. The Fire Service confirmed it had followed its procedures for dealing with the incident. It said Ms X could call 999 if she experienced an emergency. The Fire Service has fully investigated her concerns. There is not enough evidence of fault in how it acted to justify our involvement.

Back to top

Final decision

7. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman