Summary: The Ombudsman will not investigate this complaint about fees charged by the Council to use the Royal Pavilion for a photoshoot. It is unlikely he would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, has complained because the Council wants to charge him a fee for using the grounds of the Royal Pavilion for a photoshoot. He says the Council has no legal powers to do this.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered what Mr B said in his complaint and background information provided by the Council. Mr B commented on a draft before I made this decision.

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What I found

5. The Council charges a fee for using the grounds of the Royal Pavilion for photoshoots and filming. While Mr B believes it has no power to do this, the Council has explained to him the powers it uses to charge a fee.
6. We cannot determine the law; only the courts can do this. However I am aware many other councils charge similar fees to the one the Council charges.

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Final decision

7. I have decided we will not investigate this complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman