The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with issues in a library. This is because there is insufficient evidence of fault by the Council and because some of the issues raised are premature as they have not been yet considered by the Council.
The complaint
Mr X complains about how the Council dealt with matters concerning his use of libraries in the area. He complains about how the Council dealt with altercations between he and other users of the library, a change to language software on library computers, noisy schoolchildren using the library, the cleanliness and temperature of the library and the lack of hand sanitiser in the libraries. Mr X wants one of the incidents to be referred to the police, for a library user to be banned and Mr X wants £5000 in compensation.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X had an altercation with another user of the library. This was reported to the Library Manager who viewed CCTV footage of the incident and spoke to Mr X and the other person involved but decided to take no further action. Mr X believes the manager to be racist.
I will not investigate Mr X’s because there is insufficient evidence of fault with how the Council dealt with the matter. The Council considered relevant information spoke with both parties and decided that no further action was warranted. Whilst Mr X may strongly disagree with the outcome this does not mean the Council has done anything wrong. Mr X did not provide any evidence to the Council that the actions of the manager were racist, despite it giving him the opportunity to do so.
I will not investigate Mr X’s complaint about how the Council has dealt with changes to language software on its library computers. The Council fully justified why the changes needed to be made and has demonstrated that it has provided appropriate support to Mr X in using the new software. I therefore see no evidence of fault in how the Council has dealt with this matter.
There is also insufficient evidence of fault in how the Council dealt with Mr X’s complaints about noisy school children using a library. In response to Mr X’s concerns which he raised in May 2023, the Council spoke to the local school who in turn spoke to the children. Mr X has not raised any further complaints about this matter since suggesting the Council’s actions were successful in resolving the issue and therefore appropriate.
I will also not investigate Mr X’s complaint about a lack of hand sanitiser in the Council’s libraries. There is no duty for Council’s to provide hand sanitiser so there is insufficient evidence of fault. Furthermore, the libraries have bathrooms which have sinks and soap so I do not see that this issue causes Mr X an injustice.
Finally, I will not investigate Mr X’s complaint that the libraries are too cold in winter, that desks are unclean and about other incidents he has had with users in other libraries. This is because there is no evidence that Mr X has pursued these matters through the Council’s complaints procedure and therefore, they are premature.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council. Other matters are premature.
Investigator's decision on behalf of the Ombudsman