Summary: We will not investigate this complaint about the Fire Service's findings on the cause of a house fire. There is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complained about the findings of the Fire Service’s (the Service) investigation into the cause of fire at her property. She said the Service had failed to properly consider witness statements that showed the fire started at a different property and, her neighbour’s admission they were responsible. She said the Service’s findings had caused her emotional distress and increased her insurance premiums. She wants an independent investigation into the cause of the fire.

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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)
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Authority.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its final complaint response, the Service’s Chief Fire Officer confirmed they had reviewed the additional evidence provided by Miss X and interviewed the Investigating Officers to discuss how they had reached their conclusions about the cause of Miss X’s fire. They confirmed the Investigating Officers were appropriately qualified to investigate.
7. The Chief Fire Officer did not overturn the Investigating Officers’ decision. They said they had seen video footage and still images of the fire and these confirmed the Service’s findings of where the fire started.
8. 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.
9. I am satisfied the Service considered all available evidence when considering the cause of fire. It has set out its reason for its decision. There is not enough evidence of fault in how it reached that conclusion, therefore, we will not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman