Summary: The Ombudsman will not investigate this complaint about the hiring of a room which was not honoured by the Council. This is because the Council has provided a fair response and there is not enough remaining injustice to warrant an investigation.

The complaint

1. The complainant, whom I refer to as Ms X, wants compensation after the Council shut the library even though she had hired a room for an event.

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:

• the Council has already provided a fair response;
• the injustice is not significant enough to justify our involvement.

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

Back to top

How I considered this complaint

3. I read the complaint and the Council’s response. I considered comments Ms X made in reply to a draft of this decision.

Back to top

What I found

What happened

4. Ms X hired a room in the library for an event. She booked the room from 6pm to 8pm. She had hoped to sell some items for a maximum value of £45.
5. Ms X arrived at 6.50pm. Some of her guests arrived after her. Ms X found that the library was closed and she was unable to hold her event.
6. Ms X complained. The Council apologised and refunded the fee she had paid to hire the room. It explained it would review its procedures to stop the same thing happening again. The Council declined to pay compensation.
7. Ms X wants compensation. She says she would have sold all the items if the event had taken place. She says she incurred travel costs and a loss of reputation in front of her guests. She experienced upset and distress.

Assessment

8. The Council made an error. It was aware Ms X had hired the room until 8pm but it did not ensure it was available until 8pm. However, I will not start an investigation because the Council has already provided a proportionate response. It has apologised, refunded the fee and explained it will take action to ensure it does not repeat the mistake.
9. I have considered whether the Council should pay compensation to Ms X but there is not enough remaining injustice to require compensation or an investigation. In reaching this view I have considered that Ms X cannot be sure she would have sold all the items and she will have further chances to sell them at other events. In addition, she would have been able to explain to her guests that she was not responsible for the room being inaccessible which would limit any damage to her reputation. I appreciate Ms X found the incident distressing, and she has been inconvenienced, but the impact is not so large as to require compensation. In addition, it is relevant that if Ms X had arrived at 6pm, or soon after, then it is likely she would not have experienced any problems.

Back to top

Final decision

10. I will not start an investigation because the Council has provided a fair response and there is not enough remaining injustice to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman