Summary: We will not investigate this complaint about the Council’s management of the Library of Birmingham. This is because there is not enough evidence of fault and an investigation would not achieve a meaningful outcome.

The complaint

1. Mr B complains about the Council’s management of the Library of Birmingham. Mr B says the access system and opening hours disadvantage people like him who have work commitments and cannot arrive early to secure a desk. Mr B also says the Council does not do enough to manage noise from large student groups and the library is often overcrowded due to cuts to the Council’s library service.
2. Mr B would like the Council to make several changes, such as: revising the booking system; adjusting operating hours; establishing enforced silent zones; and, using the public address system for automated messages about noise levels and behaviour.

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The Ombudsman’s role and powers

3. 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, 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

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

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My assessment

6. It is for the Council to decide how best to manage its libraries including the Library of Birmingham. The Council has responded to Mr B’s concerns and has explained its approach to managing this library.
7. It is not our role to tell the Council it should operate this library differently, for example by changing the opening hours or using automated announcements about noise levels.
8. And, the Council has also confirmed that Mr B’s comments will be considered as part of the recent survey of library users undertaken by an independent company. This is the appropriate way for Mr B and other library users to raise concerns with the Council, and this may result in the Council changing how the library operates.
9. So, there is not enough evidence of fault to justify an investigation and an investigation would not achieve a meaningful outcome.

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Final decision

10. We will not investigate Mr B’s complaint because there is not enough evidence of fault and an investigation would not achieve a meaningful outcome.

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Investigator's decision on behalf of the Ombudsman