North Yorkshire County Council (22 014 921)
The Ombudsman's final decision:
Summary: Mr X complained the Council is stopping him from accessing his email account on the library computers. He said the Council blocking the access means he is unable to communicate by email as the library internet is his only means to access the account. The Council was not at fault.
The complaint
- Mr X complained the Council is stopping him from accessing his email account on the library computers. He said the Council blocking the access means he is unable to communicate by email as this is his only means to access the account.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
- If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
- I read Mr X’s complaint and spoke to him about it on the phone.
- I considered information provided by Mr X and the Council.
- Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Background information
- An email certificate is a digital file installed to an email application to enable secure email communication.
- The Council’s acceptable use policy for its public library computers sets out users should not violate the security of the system the Council provides.
What happened
- This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
- Mr X complained he could not access his email website on the library computers in July 2022.
- In August 2022, a Council officer spoke to Mr X to support him to access his email account on the library computer.
- Mr X complained in September 2022 the Council had blocked his email account again.
- The Council responded the next week to explain it had updated its system but was not sure why the account was blocked on its computers. The response confirmed staff in the library would help and report any issues if the email account remained blocked.
- Mr X complained to the Council again in late September 2022 reporting the same issues.
- The Council responded in October 2022. The response informed Mr X the email website he was trying to access may not be compatible with the network in the library. It provided him with a secure link to access his emails on a different internet browser.
- Mr X complained again in January 2023 saying the Council had blocked all access to his email address website.
- The Council responded a week later to say the email website he was using did not have the certificate to prove it was a secure server. The response continued its security policy would block links that were not fully supported and secure. The Council repeated the email website was working when using a secure browser and advised Mr X to use the secure links to the website it previously sent to him.
- Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to review its system and allow him access to his emails.
- In response to my enquiries the Council stated the email website Mr X tried to access did not have the appropriate server certificates regarding security. Without the full certificates, the Council internet would continue to block the website. This is because it would not be safe to allow access to the email website and potentially risk its security. It offered to support Mr X to access the secure link it had provided him with when he visited the library.
My findings
- The Council has blocked the email website Mr X tried to access because it potentially risked the security of its network. The Council has a duty to protect its network to ensure people can continue to access the internet at its libraries. The Council is right to ensure the security of its network and I do not find fault on behalf of the Council.
- The Council offered Mr X a secure link to the email website he tried to access. This was to try and enable him to access his emails. The Council did say this may not work as the risk was with the email certificate, but it tried to support Mr X. I do not find fault with the Council’s actions.
- The Council has offered Mr X support when he returns to the library in the future to try and access his emails. This is an appropriate action for the Council to take and I cannot add to this response.
Final decision
- I have completed my investigation. I have not found fault by the Council.
Investigator's decision on behalf of the Ombudsman