Derbyshire Fire & Rescue Service (24 020 319)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 03 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Authority’s actions at a fire safety inspection, which Mr X said led to a loss of a private training contract. Mr X has an alternative legal remedy through the courts and in the circumstances, it would be reasonable for him to use it.
The complaint
- Mr X had previously delivered fire safety training to a business. He said following an inspection the Authority carried out, at the business, the sufficiency of his training was questioned. Mr X said consequently, the business terminated his contract, and this has been to his financial detriment.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X said the business he was providing services to had questioned some aspects of a training programme he was responsible for, following a fire safety inspection and feedback provided by the Authority. Mr X had asked the Authority to explain its feedback, and Mr X said the Authority did not do so in good time.
- We will not investigate this complaint, because we could not determine liability for economic loss to the extent Mr X has claimed and only the Courts can do so. Given the circumstances of Mr X’s complaint, involving a third party, it would be reasonable to expect him to do so.
- Nor will we investigate how the Authority handled Mr X’s complaint because it is not a good use of our resources to investigate complaints about complaint handling, where we are not investigating the substantive issue.
Final decision
- We will not investigate Mr X’s complaint because he has an alternative legal remedy and given the extent of his alleged loss and the fact only a Court can determine the liability, it would be reasonable for Mr X to use that legal remedy.
Investigator's decision on behalf of the Ombudsman