Summary: We will not investigate this complaint about the authority’s failure to take action over a complaint about domestic fire safety. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the authority’s failure to take any action over his report of a wooden garage structure built by a neighbour which he considers to be a fire risk.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X says his neighbour built a wooden garage structure with a plastic roof which connects to the eaves of his property. He is concerned that there is no fire protection from the temporary structure and wanted the fire authority to investigate and take action if it was a danger.
6. The fire authority has no enforcement powers to deal with domestic structures, it is limited to business and commercial property only. The local planning authority is responsible for building control matters and this is part of the District Council which is a separate authority. It would have to consider if there are any safety implications which are different to those associated with any other domestic garage or outbuilding not requiring planning approval.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.

There is insufficient evidence of any fault in the authority’s response to Mr X’s complaint.

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Final decision

8. We will not investigate this complaint about the authority’s failure to take action over a complaint about domestic fire safety. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman