The Ombudsman's final decision
Summary: We will not investigate this complaint about a book display in Ms X’s local library. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Ms X complained about the content of the books featured within a display in her local library.
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, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about the content of some of the books featured in a display in her local library.
The Council declined to investigate the complaint, stating that the subject matter was outside of its formal complaints process.
Ms X brought her complaint to the Ombudsman because she was unhappy with the Council’s response.
Having reviewed the evidence, it is unlikely the Ombudsman would find fault with the Council’s actions. There is no evidence the display contravenes either the law or the Council’s policy nor is there evidence Ms X has sustained a personal injustice due to the display. Even if Ms X could be said to have sustained a personal injustice, it is unlikely an investigation would deem this significant enough to warrant investigation. The Council has determined that the issue is outside of its complaints process, and it is entitled to do so.
Final decision
We will not investigate Ms 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