Summary: We will not investigate this complaint about the Council’s decision to withdraw Mr X’s library membership. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complained the Council falsely accused him of inappropriate behaviour and unfairly withdrew his library membership. He says despite reviewing this decision, it has refused to reinstate his membership, denying him access to a computer. He wants the Council to reinstate his library membership.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough 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. In 2022, the Council decided to withdraw Mr X’s library membership for two weeks, following an episode of anti-social behaviour. It wrote to him to tell him of its decision and how to appeal if he was dissatisfied.
7. A week later, the Council wrote to Mr X again. It said, despite being barred from its libraries, he had visited a library that day and behaved inappropriately towards staff. It decided to exclude him from its libraries until January 2023. It told him how to appeal the decision.
8. Mr X appealed and the Council reviewed its decision. It did not change the decision.
9. It reviewed the decision again in February 2023. It decided it would not reinstate Mr X’s library membership due to continued unacceptable behaviour. It told Mr X it would not review the decision again unless the unacceptable behaviour stopped.
10. Mr X remained unhappy with the Council’s decision and brought the complaint to us.
11. Although Mr X is unhappy with the Council’s decision, we will not investigate his complaint. The Council has explained to Mr X the reasons for the exclusion, considered his appeal and made its decisions in line with its library rules and regulations. There is insufficient evidence of fault in how the Council acted to justify investigating.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman