Summary: We will not investigate this complaint about the conduct of an officer working for the Authority, driving a service motor vehicle. There is no worthwhile outcome achievable by us investigating.

The complaint

1. Mr X was unhappy with the way a fire and rescue service officer, drove their service vehicle, after it was involved in a collision with him. He complained to the Authority and was unhappy with the way the Authority dealt with his complaint.

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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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

4. Mr X raised his concerns with the Authority about the way an officer drove after colliding with his vehicle. The Authority dealt with Mr X’s concerns as a complaint. It replied to Mr X’s concerns and said the matter was also under consideration by its insurers. It told Mr X he could complain to the police about any driving related offences.
5. The Ombudsman will not normally investigate complaints about damage to property arising from claims of negligence. This is because we cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts. It is normal procedure for persons suffering damages caused by a public authority to submit an insurance claim against the Authority. I am satisfied the matter is being considered by the Authority’s insurers and will involve Mr X’s insurers, if necessary.
6. Additionally, only the police can investigate traffic related offences and Mr X would need to make a report to them, about any concerns relating to the driver of the Authority’s vehicle.
7. Because of the limitations of our role as highlighted in paragraphs five and six, we will not investigate this complaint, because there is no worthwhile outcome achievable.
8. Nor will we investigate how the Authority dealt with Mr X’s complaint, because it is not proportionate for us to consider complaints about complaint handling, where we are not looking at the substantive issues.

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Final decision

9. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable in us investigating.

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Investigator's decision on behalf of the Ombudsman