Summary: We will not investigate Mr X’s complaint about maintenance issues concerning a local library. This is because we could not add to the Council’s investigation into the issue or achieve any worthwhile outcome for Mr X.

The complaint

1. The complainant, Mr X, complains the Council has failed to properly maintain the Grace Hill Library in Folkestone. As a result the building has fallen into disrepair and the Council has closed it, saying it is unsafe to use. Mr X says he has not seen proof of the costs the Council says it will take to repair it and believes the work could be carried out for less. He is angry about what has happened and wants the Council to carry out the necessary works to reopen it. He then wants the Council to hand the building over to the District Council so it can work with local volunteer groups to maintain it.

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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 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has responded in detail to Mr X’s complaint at Stages 1 and 2 of its complaints process. Its responses set out the nature and cause of some of the damage to the building and the reasons why it cannot simply repair it immediately as Mr X would like.
6. We could not add to the Council’s responses or achieve any worthwhile outcome for Mr X by investigating further; we cannot say the Council must carry out the repairs while it does not have the funding available or force it to hand over ownership to the District Council or anyone else.

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Final decision

7. We will not investigate this complaint. This is because further investigation would not add to the Council’s responses to Mr X’s complaint or achieve any worthwhile outcome for him.

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Investigator's decision on behalf of the Ombudsman