Summary: We will not investigate Mr X’s complaint about the Council’s decision to suspend the performance of a circus during the COVID-19 pandemic. This is because there is not enough evidence of fault or significant personal injustice. It is also reasonable for Mr X to take the matter to court if he believes the Council is responsible for the financial loss he incurred.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s decision to suspend the performance of a circus during the COVID-19 pandemic. Mr X says the Council’s decision meant he unnecessarily spent £45 on a taxi travelling to and from the circus. Mr X wants the Council to refund the £45. Mr X is also unhappy with how his complaint has been dealt with.

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The Ombudsman’s role and powers

2. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

6. Mr X purchased tickets to a circus performing close to his home. Because Mr X does not drive, he arranged to travel to and from the circus by taxi. The circus was cancelled at short notice because the Council had concerns about rising levels of COVID-19, and the preventative measures the circus had put in place.
7. Mr X complained to the Council and asked it to refund his taxi fees. The Council responded to Mr X. It explained why it issued a direction which prevented the circus from going ahead. It said if Mr X feels the Council is liable for his financial loss, he can make a formal claim through its insurers.
8. The Ombudsman does not investigate all the complaints we receive. We need to consider the likelihood of finding fault, the alleged injustice, and what the law says about our powers.
9. I understand Mr X was disappointed the circus was cancelled. But the Council has explained why it issued a direction which prevented the circus from going ahead. It is therefore unlikely that if we were to investigate, we would find the Council to have been at fault. I also do not consider the injustice to Mr X to be significant enough to warrant an investigation.
10. Also, our role is to look for administrative fault. We cannot decide if the Council should be held liable for any losses Mr X has incurred. As the Council has suggested, Mr X can make a formal claim through its insurers. If his claim is rejected, he can take the matter to court. The Court can then decide if the Council should reimburse Mr X. I see no reason Mr X should not use this option.
11. Mr X is also unhappy with how his complaint has been handled. But we will not look at a council’s complaint handling if we are not going to look at the issue which led to the original complaint. This applies here.

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Final decision

12. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault or significant personal injustice. It is also reasonable for Mr X to use the legal remedy available to him.

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Investigator's decision on behalf of the Ombudsman