Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s decision to remove posters and leaflets from a library. This is because there is insufficient injustice to warrant an investigation. In addition, Mr X’s claims that his human rights have been breached and there has been disability discrimination are matters for the courts.

The complaint

1. The complainant, who I refer to here as Mr X, says the Council is at fault for removing publications from a library. The publications concerned an accessible religious worship group. He says the Council has failed to provide a copy of its policy on the distribution of posters and leaflets. Mr X also says that the Council’s action is a breach of the Human Rights Act 1998 and the Equality Act 2010.

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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. 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 the injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)
4. 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

5. I considered all of the information and evidence provided by Mr X and the Council. I sent a draft decision to Mr X and considered his comments.

What I found

Background

6. The Council’s 2018 Poster Display Guidelines set out what content it will accept when members of the public request to display publications in its buildings. The Guidelines say religious material aimed at particular groups, such as religious studies meetings, cannot be displayed.
7. If someone wants a determination of whether their rights under the Human Rights Act 1998 or the Equality Act 2010 have been breached, they may go to court.

What happened

8. Mr X left a number of posters and postcards in a library promoting a religious worship club. The club aimed to provide inclusive activities for people with learning difficulties and disabilities. The Council removed the publications.
9. Mr X said the Council’s removal of the publications breached his right to freedom of thought, conscience and religion under the Human Rights Act. He said its action discriminated against people with disabilities, contrary to the Equality Act.
10. Mr X said the Council has not demonstrated how the removal was lawful and not discriminatory. He said the Council failed to provide a copy of its policy on removing publications, and its decisions to remove publications were not consistent. Mr X gave an example of the Council not removing publications for another event, which he thought was religious.
11. The Council told Mr X it was important its library services remain neutral and do not promote any beliefs or groups over others. It said, as a general rule, it accepts publications that inform, but will not display those designed to influence someone’s belief or promote a particular viewpoint. It apologised to Mr X for removing his publications without notice and offered free printing for ten replacement posters.
12. The Council said the decision not to display Mr X’s publications was based solely on the activity being a primarily faith-based activity; the fact the worship group is accessible does not negate this. The Council says that publicity material for community activities and events for people with disabilities is often displayed.
13. The Council says it did not remove the other event’s publications because it was primarily cultural and did not seek to promote religious views or beliefs.

Assessment

14. The Council has considered Mr X’s complaint fully and provided reasons as to why his publications were removed in line with its 2018 Poster Display Guidelines. It is, therefore, unlikely the Ombudsman would find fault with the Council’s decision. The Council has not provided Mr X with a copy of its guidelines, but I am not persuaded this fault has led to sufficient injustice to warrant an investigation.
15. If Mr X thinks the Council’s action is a breach of the Human Rights Act and the Equality Act, he can take this matter to court for a determination.

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Final decision

16. I will not investigate this complaint because there is insufficient injustice to warrant an investigation. It is also reasonable to expect Mr X to take legal action against a breach of the Human Rights Act or the Equality Act.

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Investigator's decision on behalf of the Ombudsman