Summary: We will not investigate this complaint about the Council’s refusal to postpone the complainant’s company's theatre performance. This is because it is not unreasonable to expect the complainant to take the matter to court.

The complaint

1. The complainant, Mr X, complains the Council refused to agree to postpone his company’s theatre performance.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. Mr X has had the opportunity to comment on my draft decision. I considered any comments received before making my final decision.

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My assessment

7. Mr X says his company had a booking at a Council venue in 2021. The Council agreed to postpone that show because of the Covid 19 pandemic. Mr X told us he tried to postpone the show again in 2022 for similar reasons but the Council refused. Mr X says the Council failed to provide full terms and conditions of the booking.
8. The Council considered Mr X’s complaint. It apologised for not issuing the event agreement earlier on. But it has taken the view it is not obliged to agree to move the event to a new date. Mr B told us, because the Council has treated the show as cancelled, rather than agreeing to a postponement, his company has lost its deposit. He said the Council has damaged his company’s reputation and issued refunds to customers against his company’s wishes which will affect its future income. Mr X said the behaviour and attitude of the venue’s staff has had a negative impact on his mental health.
9. We cannot normally investigate a complaint when someone could take the matter to court. Mr X’s view is it is unreasonable to expect him to go to court. He said this is because the Council operated underhandedly by not sending him the full terms and conditions when he booked the venue. He said the Council is trying to bind him by these terms even though he did not see and agree them. He said this was an unreasonable business practice.
10. In this case it is not unreasonable to expect Mr X’s business to go to court to seek a remedy. That is because interpretation of the agreement between the company and the Council and the question of whether the Council is liable for the loss and damage Mr X has described are legal matters. So a court of law is the appropriate body to consider the case. Even if we investigated this complaint, we have no powers to overrule the Council and to order it to implement the remedy Mr X wants.

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Final decision

11. We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman