Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to give a refund for theatre tickets the complainant bought by mistake. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council will not give him a refund for theatre tickets he bought in error.

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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. 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 an investigation if 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

3. I read the complaint and the Council’s responses. I considered the terms and conditions for theatre tickets. I invited Mr X to comment on a draft of this decision.

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What I found

Theatre tickets – terms and conditions

4. The terms and conditions say that the Council cannot issue a refund or an exchange unless a performance is cancelled or rescheduled.

What happened

5. Mr X bought some theatre tickets on-line. Unfortunately, he made an error and bought four tickets instead of two. He immediately contacted the theatre and his bank but he was unable to stop the payment or get a refund.
6. Mr X complained. In response the Council explained that the problem had been caused by user error rather than due to a problem with the booking system. It said that the number of tickets being purchased is shown on the website and it is the responsibility of the customer to check the details before completing the transaction. In line with the terms and conditions it said it was unbale to offer a refund. It did, however, as a goodwill gesture, offer a credit for the value of the tickets, to be used for other performances. Mr X wants a refund rathe than a credit.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council.
8. It is unfortunate that Mr X made a mistake and bought two tickets in error. And, it is understandable that he would prefer a refund rather than credit. However, there is nothing to suggest fault by the Council so I cannot intervene. The Council is not responsible for the booking error and it is only required to give a refund if a performance is cancelled or rescheduled. This does not apply and there is nothing to suggest the Council has done anything wrong. Despite this it is has offered Mr X a credit which it was not required to do. I appreciate Mr X does not want a credit but the Ombudsman does not act as an appeal body. He cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman