Summary: The Ombudsman will not investigate this complaint that the complainant was assaulted by a steward during a performance at a theatre run by the Council. This is because the Ombudsman cannot investigate allegations of crime and because there is insufficient evidence of fault by the Council. In addition, it is unlikely an investigation would lead to a different outcome.

The complaint

1. The complainant, whom I refer to as Mrs X, says she was assaulted by a steward during a theatre performance.

Back to top

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, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

3. The Ombudsman cannot investigate allegations of crime.

Back to top

How I considered this complaint

4. I read the complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision.

Back to top

What I found

Safeguarding

5. To protect the wellbeing of children filming and photography are banned during performances. There are notices in the theatre and an announcement is made just before the start of the performance.

What happened

6. Mrs X attended a performance. Her child went on stage and Mrs X took photos. Mrs X was unaware of the rules preventing filming. A steward tapped Mrs X on the shoulder to ask her to stop filming. Mrs X says it was not a tap but a physical assault.
7. Mrs X complained. She said she had been assaulted by the steward and there had not been any warnings about the prohibition on filming. In response the Council gathered witness statements from other members of staff and from a customer sitting behind Mrs X. The Council asked Mrs X to provide evidence of the injury including medical reports or photographs. Having considered all the evidence, the Council decided there was insufficient evidence of assault. But, it changed its procedure so there is now a non-contact policy if someone needs to be asked to stop taking photographs. The Council also said it was reviewing whether to allow children to go on stage.
8. Mrs X is dissatisfied with the response and says she has continued to have problems with her neck and shoulder. She says the Council should have contacted the person in the row behind who saw what happened.

Assessment

9. I will not start an investigation for the following reasons.
10. Mrs X alleges the steward assaulted her. This is an allegation of crime. I cannot investigate allegations of crime because that is a matter for the police. Mrs X could report the incident to the police and/or consider making a personal injury claim. This is not something I can help with.
11. The Council responded appropriately by asking Mrs X for evidence about the injury, gathering witness statements and changing the policy on how it will stop people filming. This was an appropriate response to the complaint and there is nothing more I would expect it to have done.
12. The Council’s view is that the evidence does not show the steward assaulted Mrs X. Mrs X disagrees. However, as I have already said, I cannot investigate crime and it is for the Council to weigh the evidence and form a view. As I did not see the incident it is unlikely I could add to the Council’s response or that an investigation would lead to a different outcome. In addition, the Council has already taken into account the information from the customer seated behind Mrs X.

Back to top

Final decision

13. I will not start an investigation because I cannot investigate allegations of crime, there is insufficient evidence of fault by the Council and because it is unlikely I could add to the Council’s response.

Back to top

Investigator's decision on behalf of the Ombudsman