Summary: We will not investigate this complaint about the Council’s response after an incident involving Mr X, at one of its libraries. There is not enough evidence of fault, and we cannot achieve the outcome he is seeking.

The complaint

1. Mr X complained after he was assaulted at a Council library. He said the Council should have done more to prevent the assault occurring and should have detained the person responsible. Mr X said this has left him with a concern he may be assaulted again, and he wants the Council to provide him with compensation.

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The Ombudsman’s role and powers

2. 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
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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Final decision

4. We will not investigate Mr X’s complaint, because there is not enough evidence of fault in the Council’s actions to warrant an investigation and, in any case, we cannot award compensation. If Mr X believes the Council are liable for his injury, he should pursue the matter with the courts, because only they can decide liability for personal injury.

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Investigator's decision on behalf of the Ombudsman