Summary: Mr X complained that during the Covid-19 lockdown, the Council was at fault for closing the public library. We will not investigate this complaint. This is because it is unlikely we would find the Council at fault as it followed the government’s instructions.

The complaint

1. Mr X complained that during the Covid-19 lockdown, the Council was at fault for closing the public library. He says decisions were made in secret with no consideration of library users, and the Council provided no estimated date for when services would reopen. Mr X says he did not receive responses and says the Council was difficult and awkward to engage with.

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The Ombudsman’s role and powers

2. This complaint involves events that occurred during the Covid-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to Covid-19”.
3. 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. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered the information Mr X provided when he complained to us.
5. I considered further complaints correspondence the Council provided.
6. I gave Mr X the opportunity to comment on my draft decision.

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What I found

7. During his statement on Covid-19 of 23 March 2020, the Prime Minister stated “To ensure compliance with the Government’s instruction to stay at home, we will immediately close all… libraries”.
8. On 26 March 2020, libraries were required by law to:
1. cease services except deliveries and services provided online, by telephone or by post;
2. close any premises not required for a); and
3. cease to admit any person other than those required for a).

(The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, Section 5(1): Further restrictions and closures during the emergency period)

9. Mr X complained as he was of the view the Council’s closure of libraries breached legislation and guidance including the Public Libraries and Museums Act 1964, which says “It shall be the duty of every library authority to provide a comprehensive and efficient library service for all persons desiring to make use thereof”. He was also of the view the closure breached the Council’s own constitution in relation to responsibility for, and principles of, decision-making.
10. Mr X was dissatisfied as, in his view, the law and guidance had been breached “because of a "disease" that has not even been isolated or proven to cause any kind of symptoms of illness”. The Council explained it was following the government instructions, which were clear. The Council told Mr X it was providing online services such as e-books. It told him there was no definite reopening date, but he could check its website.
11. Mr X complained to the Ombudsman and said the Council should “at least be fully transparent with the decision making and give a clear reopening date”.
12. However, the reopening date was not a decision for the Council. In his statement to the House on Covid-19 of 23 June 2020, the Prime Minister said that from 4 July… “Most leisure facilities and tourist attractions will reopen if they can do so safely, including… libraries”.
13. On 3 July, the previous restrictions were revoked. (The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020, Section 2: Revocation and saving)
14. The Council began phased reopening of its libraries in July 2020, with measures such as limits on visit lengths and visitor numbers, and social distancing measures.
15. It is unlikely that if we investigated this complaint, we would find the Council at fault. It followed the government’s instructions, which we would expect. It provided the services it could online. Mr X is of the view the Council should have sought legal advice before closing its libraries. I would expect this had the Council been considering deviating from the government’s instructions. However, considering it followed the government’s instructions, this was not necessary.
16. It is the government that instructed councils to close libraries, and this is the basis of Mr X’s dissatisfaction. It is open to Mr X to raise his concerns with the government via his MP, should he wish to do so.
17. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. So we will also not look at Mr X’s complaint about the Council’s complaint handling.
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Final decision

21. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault by the Council.

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Investigator's decision on behalf of the Ombudsman