Summary: We will not investigate this complaint about the Council’s introduction of new busking guidelines for the city. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to include any of the concerns raised by the local businesses he represents when it introduced new guidelines for busking in the city. He says the new proposals did not address the concerns raised about anti-social behaviour and excessive noise outside the businesses.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X says he represents several businesses in the city centre which have been suffering from noise and anti-social behaviour associated with busking on pavements outside businesses. In 2024 the Council decide to revise its guidance on busking because the previous policy was no longer fit for purpose.
6. Following a multi-agency meeting the Council says it invited comments from a wide range of parties including other authorities and the business and busking community. Mr X says businesses wanted the Council to consider introducing licensing for buskers as other authorities have done. The Council issued new guidance in the autumn of 2024 and did not include any of the preferred restrictions put forward by the businesses Mr X represents.
7. Mr X complained to the Council and asked why it had ignored a petition submitted by some businesses in the city. The Council told him that the decision was made by delegated authority after all the considerations were examined. It advised him that the petition did not meet the 50-signature threshold for it to warrant further consideration which is required by the Council’s constitution.
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, regardless of whether someone disagrees with the decision the organisation made.
9. I have considered the steps the Council took to consider the issue, and the information it took account of when deciding to introduce the new guidelines. Ther was no statutory framework for this policy and it was for the Council to decide the content. There is no fault in how it took the decision and I therefore cannot question whether that decision was right or wrong.

Back to top

Final decision

10. We will not investigate this complaint about the Council’s introduction of new busking guidelines for the city. There is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman