Summary: We will not investigate this complaint about the way library staff treated the complainant. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. This is because it is unlikely we could add anything to the Council’s response.

The complaint

1. Mr X complained about the way library staff treated him when he attended pre-booked appointments to use a computer. Mr X was unhappy he was not always given his preferred computer. Mr X said staff watched him, asked him where he had been sitting, and moved valuable items. This left him feeling staff suspected him of stealing. Mr X was unhappy with how the Council dealt with his complaint and no longer feels he can use the library.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. In its responses to Mr X’s complaints the Council said:
• It was not always possible to sit customers at their preferred desks.
• A senior librarian had spoken to Mr X and said staff were not judging him and he is always welcome to use the library.
• Due to COVID-19 restrictions staff need to know where customers have sat to help with cleaning.
• A further meeting with the senior librarian was offered to help Mr X feel comfortable using the facilities again. Mr X declined the offer.
• It could have tried to meet with Mr X to discuss his complaint earlier.
• It was sorry a written apology had not been sent earlier for the way Mr X felt and the Council could have given Mr X more information about how to escalate his complaint.
• It was the Council’s “greatest wish” to try and find a way for Mr X to use the library again. The officer who sent the Council’s final response said they would “be pleased to help you personally with that.”
5. I understand Mr X is upset by the issues at the heart of his complaint. But we will not start an investigation. This is because it is unlikely we could add anything to the response Mr X has received. I was not there at the time and so could not reach a view on exactly what happened during the incidents which led to Mr X’s complaint. The Council has apologised and said it wants to help Mr X feel comfortable using the library again. An investigation would not add anything to the Council’s response and so we will not investigate.

Back to top

Final decision

6. We will not investigate Mr X’s complaint because it is unlikely we could add anything to the Council’s response.

Back to top

Investigator's decision on behalf of the Ombudsman