London Borough of Southwark (24 017 331)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 13 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about reservation charges at the library. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, Mr X, says the Council is illegally charging library fees for requesting items. He wants the Council stop charging.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X. This includes the complaint correspondence. I also considered the regulations and our Assessment Code.
My assessment
- Mr X complained to the Council that it was breaching the 1964 Public Libraires Act by charging for reservations. He explained why he thinks the charge is illegal.
- The Council explained it cannot charge to lend items it has in stock but can charge for reservations. It said virtually every council charges for this service. The Council told Mr X he could ask the Council to buy an item to add to its stock. The Council said there is nothing to prevent it charging for reservations.
- I will not start an investigation because there in insufficient evidence of fault by the Council. The 1964 Library Act says councils have a duty to provide a comprehensive library service. The Library Charges Regulations 1991 say councils can make charges for book reservations and for some other services. The Council’s decision to charge for reservations is consistent with the regulations so there is no reason to start an investigation. We could not ask the Council to stop charging because it is permitted by the legislation.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman