Summary: We will not investigate this complaint about missing library books and the Council’s complaints procedure. This is because Mr C has not suffered a significant personal injustice because of the alleged fault.

The complaint

1. The complainant, who I will refer to as Mr C, complains that the Council was dishonest when it responded to his query about damaged and missing library books. Mr C also complains that the Council has been dishonest by saying a Council document about dealing with recorded evidence is not part of the Council’s complaints procedure. Mr C says this has caused him anxiety and distress. Mr C would like the Council to dismiss the officers involved, apologise and pay him compensation.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by Mr C and on the Council website.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr C does not consider the Council has told him the truth about what has happened to damaged and missing library books, some of which are valuable. We will not investigate this complaint. This is because the alleged fault by the Council has not caused Mr C a significant personal injustice which would justify an investigation by the Ombudsman.
6. Mr C also considers the Council did not tell him the truth when it said a Council document about dealing with recorded evidence is not part of the Council’s complaints procedure.
7. This Council document about dealing with recorded evidence appears in the complaints section of the Council website. But, it is not within the Council’s Have Your Say Scheme Procedure, which sets out the Council’s complaints procedure. So, the information does not suggest the Council was at fault. In any case, the alleged fault has not caused Mr C a significant injustice.

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Final decision

8. For the above reasons, we will not investigate Mr C’s complaint.

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Investigator's decision on behalf of the Ombudsman