Summary: We will not investigate this complaint about fires in vacant properties. This is because there is insufficient evidence of fault by the Council and Mr X can pursue any claim for damage through his insurers.

The complaint

1. Mr X complains the Council left vacant properties unsecured. There were arson attacks and his property suffered damage.
2. He also complains the team that responded to his complaint were the same team responsible for the properties, so the response was not fair or impartial.

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The Ombudsman’s role and powers

3. 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, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the fires were caused as a result of the Council’s negligence. In the complaint response the Council explained the steps taken following arson attacks on nearby vacant properties.
7. The Council is not responsible for the criminal actions of others, this is something Mr X will have to pursue through his insurers.
8. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
9. The complaint was responded to by an appropriate manager in line with the Council’s complaint procedure. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council and Mr X can pursue any claim for damage through his insurers.

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Investigator's decision on behalf of the Ombudsman