Summary: We will not investigate this complaint about the Council’s alleged failure to ensure staff and customers wear face masks when visiting one of its libraries. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complained the Council was failing to ensure staff and customers wore masks when visiting one of its libraries. Mr X was worried this increased the risk of him catching COVID-19.

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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’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its response to Mr X the Council said the staff not wearing masks were exempt. It said that if a member of the public said they were exempt from wearing a mask the Council was not meant to challenge them. The Council said it displayed signs saying masks were required unless a customer was exempt. Hand sanitiser was provided, regularly touched surfaces were cleaned, and the library was laid out to encourage social distancing.
7. I understand Mr X is concerned about the issue at the heart of his complaint. But the Council’s approach is in line with the information available on the Government’s website. Those exempt are not required to wear a mask in public places such as libraries, and there is no requirement to show proof of exemption. The Council can act if a business is not showing the appropriate signage about the requirement to wear masks. But it is for the Police and Community Support Officers to enforce compliance if a person is not wearing a mask without a reasonable excuse. Based on the information I have seen there is not enough evidence of fault by the Council and so we will not start an investigation.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman