Summary: The Ombudsman will not investigate Ms X’s complaint about the way the Council’s libraries operated during the COVID-19 pandemic. This is because there is not enough evidence of fault by the Council or that Ms X has been caused a significant personal injustice.

The complaint

1. The complainant, whom I shall refer to as Ms X, complains about the way the Council’s library serviced operated during the COVID-19 pandemic.

Back to top

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 “Principles of Good Administrative Practice during 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, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

Back to top

What I found

6. Ms X has complained to the Council about the way its library service operated during the COVID-19 pandemic. Ms X is unhappy the Council did not operate a ‘click and collect’ library service. She says this means she could not borrow a book she had reserved. Ms X also says the Council did not provide access to computers in its libraries during lockdown.
7. In its response to Ms X’s complaint the Council said:
• It had taken a safety-first approach since the first lockdown ended.
• The Council decided to close library buildings in December 2020 when London moved into Tier 4 restrictions.
• When the national lockdown was announced in January 2021, it decided not to reopen its library buildings. This was to protect staff, customers and to reduce travel.
• It had tried to keep library users updated via its website and emails to customers.
• It had continued to provide a home library service for its most vulnerable residents and the Education Library Service was working with schools. Other library staff were working on test and trace phonelines or at vaccination sites.
• Computers had been available at the main council building for emergency use by residents.
8. The role of the Ombudsman is to look for administrative fault. It is not our role to say what services a council should operate. If there is no fault in the way a council reached a decision, then we are not able to question the decision itself. Also, we do not investigate all the complaints we receive. In deciding whether to investigate we need to consider the likelihood of finding fault and the alleged injustice to the person complaining.
9. I understand how important the issue at the heart of Ms X’s complaint is to her. Libraries are without doubt an essential resource to many members of the community. But COVID-19 placed unprecedented demands on councils. It was for individual councils to decide what library services to offer during lockdowns imposed due to COVID-19.
10. In its response to Ms X the Council has explained its actions. Based on the information available there is not enough evidence of fault by the Council to warrant us investigating. And while access to the library during lockdown was clearly important to Ms X, the injustice to her from the Council’s actions is not significant enough to warrant our involvement. Also, the Council says its libraries are now open. Given the developing situation around COIVD-19, and the widespread vaccination of the population, it is unlikely our involvement could achieve anything more. It is unlikely we could add anything to the response Ms X has already received. We will not therefore investigate.

Back to top

Final decision

11. We will not investigate Ms X’s complaint. This is because there is not enough evidence of fault by the Council or that Ms X has been caused a significant personal injustice.

Back to top

Investigator's decision on behalf of the Ombudsman