The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to issue Mr X with a temporary ban from the local library. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained the Council has issued him with a ban from his local library without issuing a warning first.
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 or continue 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the manager of his local library issued him with a three month ban from his local library and others in the area without first issuing a written warning.
The Council investigated and did not uphold Mr X’s complaint, stating it had previously sent Mr X a letter in January 2024 warning him about his conduct at the library. Mr X disputes receiving this letter.
Mr X wants the Ombudsman to find the Council at fault. In response to the Ombudsman’s enquiries the Council has provided a letter it sent to Mr X in January 2024, in which it warns him about his conduct and confirms that both staff and other patrons at the library had been affected by his behaviour. The letter also cites past incidents in which Mr X had demonstrated similar behaviour and warns that further issues could result in a three-month ban. The evidence shows the Council has responded to this situation in the way we would expect. An investigation would be unlikely to find fault with the Council’s actions.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman