Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s refusal to publicise a local event run by her group. This is because the issue is more appropriate for consideration by the courts.

The complaint

1. The complainant, Ms X, complains the Council refused to publicise an event she organised. She says this deprived her of the opportunity to reach other local residents who may have attended the event and impacts on her group’s ability to assert their rights.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I reviewed Ms X’s complaint and the Council’s response. I shared my draft decision with Ms X and considered her comments.

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What I found

4. Ms X organised an event for a local group in 2019. She wanted the Council to publicise it but the Council refused. It considered it would not be appropriate to promote the event but Ms X disputes its reasons as she believes the Council has misdirected itself in law. She also claims it has discriminated against her and her group.
5. The Ombudsman will not investigate this complaint. The Council has explained its reasons for not publicising the event and it is not for us to say it has misinterpreted the law in reaching its decision. If Ms X believes this is the case it would be reasonable for her to take the matter to court.

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Final decision

6. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Ms X to go to court.

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Investigator's decision on behalf of the Ombudsman