Summary: The Ombudsman will not investigate this complaint that the Authority did not provide enough security at a fireworks event. This is because we are unlikely to find fault by the Authority caused injustice to the complainant.

The complaint

1. The complainant, whom I refer to as Mrs X, complains that the Authority did not provide adequate security to monitor a public fireworks display. Mrs X complains that the lack of security allowed a protester to cause stress to her family.

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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 or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify the cost of our involvement,
• we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered Mrs X complaint. I also considered information about the fireworks display. I invited Mrs X to comment on a draft of my decision.

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What I found

What happened

4. Mrs X and her family attended a public firework display. During the display, a single protester participated in an activity which Mrs X feels scared her family.
5. Mrs X complains that not enough security was present at the event, which would have stopped the protester from engaging in the activity and causing stress to the family.
6. Mrs X would like a refund on her tickets to the event and for travel costs to be reimbursed.

Assessment

7. I appreciate that Mrs X and her family found the behaviour of the protester stressful, however I do not believe that the Authority is responsible for the behaviour of members of the public.
8. I understand that Mrs X feels there should have been more security at the event, however it is impossible to say if the presence of more security would have deterred the protester’s behaviour, or change how Mrs X and her family felt about it. Therefore I do not see any fault that would cause a significant injustice to Mrs X and her family.

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Final decision

9. I will not investigate this complaint. This is because it is unlikely I will find evidence of fault by the Authority.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman