The Ombudsman's final decision
Summary: We will not investigate this complaint about the London Fire Brigade’s decision to enter Ms X’s home without her permission. There is not enough evidence of fault to justify an investigation. We also cannot add to the complaint investigation or the responses the Authority sent to Ms X.
The complaint
Ms X complains that three officers entered her home without permission and wrongly claimed she had a bonfire in her garden. One officer took a saucepan from her kitchen to douse embers and refused to give the Monitoring Officer’s details. The officers looked around her home and made casual comments as they left. Their actions left her feeling vulnerable, humiliated, and threatened.
The Ombudsman’s role and powers
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 and we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
How I considered this complaint
I considered information provided by the complainant and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Fire departments have legal authority to enter a home without permission to protect life, safeguard property, or extinguish fires.
We will not investigate Ms X’s complaint because there is not enough evidence of fault in the Fire Brigade’s decision to enter her property. The Authority has explained to Ms X it acted in line with statutory guidance for handling fire safety concerns.
The Authority has already apologised to Ms X for the distress caused by its visit to her home. Further investigation by us would not add anything.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify our involvement. We also cannot add to the investigation carried out by the Authority.
Investigator's decision on behalf of the Ombudsman