Summary: We will not investigate this complaint about the Council’s decision not to display a poster in the library. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council would not display a poster in the library advertising a talk about the climate emergency. Mr X says the decision contravenes the Council’s declaration of a climate emergency. Mr X wants the Council to apologise and agree that similar requests will not be refused.

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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.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council. I read the Council’s leaflet and poster policy for libraries and information about its climate emergency declaration. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. Mr X complained to the Council that the library would not display a poster advertising a talk about the climate emergency by Extinction Rebellion.
5. The Council explained that its policy says libraries will not display material from pressure groups, or display campaigning, political, or religious material. It said that Extinction Rebellion describes itself a non-violent civil disobedience movement whose strategy is to engage in non-violent civil disobedience. The Council confirmed the decision not to display the poster because it would breach the policy. Mr X disagrees with the response and says the talk was not political. He says other businesses were helpful but not the library.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council decided not to display the poster because to do so would breach its leaflet policy. Mr X disagrees the talk or poster breach the policy but that disagreement does not mean the Council has done anything wrong. The Council was entitled to form a view about Extinction Rebellion and to decide the event was not one that should be publicised in its libraries. The decision was based on the policy and it is not for us to decide whether an event is political or campaigning. We are not an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with. In addition, the climate emergency declaration does not override the leaflet policy.
7. I also will not investigate this complaint because there is insufficient evidence of injustice. This is because Mr X displayed the poster in other shops so the event did receive publicity.

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Final decision

8. I will not investigate this complaint because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman