The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council heard a petition relating to a local library. The Secretary of State for Culture, Media and Sport is better placed to consider this complaint, and an investigation now is unlikely to achieve anything further for Mrs X.
The complaint
Mrs X complains a petition she brought to a council meeting did not get a full debate. Mrs X says the meetings processes were flawed and wants the petition to be given a full debate.
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 another body better placed to consider this complaint, or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X campaigned for the future of her local library and brought a petition on the matter to a council meeting. Mrs X is unhappy with how the Council handled the petition.
The Public Libraries and Museums Act 1964 designates the Council as a library authority, with a duty to provide a comprehensive and efficient library service. The law also designates the Secretary of State as superintendent of libraries, with the power to consider and investigate complaints about library authorities failing to carry out their duties. Today, that authority belongs to the Secretary of State for Culture, Media and Sport (DCMS). So, we will not investigate this because DCMS is a better placed body to consider it.
Since Mrs X brought her complaint to us, the Council has decided not to close her local library. The Council has also offered Mrs X a financial remedy for the time and trouble she spent bringing her complaint to the Council. An investigation by the Ombudsman is unlikely to achieve anything further for Mrs X, and it would not be proportionate for us to investigate the Council’s administration of the petition only.
Final decision
We will not investigate Mrs X’s complaint because there is another body better placed to consider it, and an investigation by us is unlikely to achieve anything further.
Investigator's decision on behalf of the Ombudsman