Summary: We will not investigate this complaint about the Council’s actions towards the complainant leading to another Council decision issuing a Community Protection Warning. This is because we are unlikely to find fault by the Council.

The complaint

1. In summary, Mr X complains that the Council effectively told another Council to serve a Community Protection Warning on him.
2. He says he has been banned from using a local library and this has caused him to have a breakdown.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide we are unlikely to find evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))

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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. This case is linked to case reference 21012674 against the London Borough of Greenwich.
7. Mr X lives in the London Borough of Greenwich next to a library which is situated in Greenwich but run by the London Borough of Lewisham.
8. Mr X has had a Community Warning issued to him by the London Borough of Greenwich as it decided Mr X’s conduct during several incidents in and around the library represented anti-social behaviour.
9. While considering the other complaint I have seen information showing this Council clarified to the other Council its role and responsibilities viz the library service and safe access to the premises.
10. I will not investigate as I do not regard the Council clarification as representing a ‘whisper’ to the London Borough of Greenwich to serve Mr X with the warning notice.
11. I will also not consider any of the other aspects of this complaint as they are inextricably linked with the substantive matters covered in the other complaint.
12. As detailed in the other complaint, it is open to Mr X to consider if he should allow the full Notice to be served. This will allow him his ‘day in court’ as it comes with a legal right to appeal in the Magistrates Court.

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Final decision

13. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault.

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Investigator's decision on behalf of the Ombudsman