Summary: We will not investigate this complaint about the way the Council communicated with Mr X, there is not enough evidence of fault and there is no significant injustice. Nor will we consider the Council’s decision to restrict parts of its service for Mr X, because we have already decided this part of his complaint.

The complaint

1. Mr X was unhappy in the manner the Council wrote to him, because he believed it was accusing him of harassment, when it said it may restrict access to its services. He said this amounted to a criminal allegation and was unjust.

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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 any injustice because of the fault alleged is not significant enough to justify our involvement. (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 the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about several concerns he had about staff conduct at a library, including a matter relating to its earlier decision to limit the number of times he can search for missing books. The Council replied to Mr X and responded to the matters he raised. It also highlights its concerns about his behaviour saying if it carried on, it may further restrict his access to its services.
6. We will not consider any of Mr X’s concerns about the Council’s decision to restrict what he can search for, because we have already decided that part of his complaint.
7. Nor will investigate the Council’s decision to let Mr X know his requests and conduct may cause it to further restrict his access in the future. This is because it is unlikely we would find fault the Council were putting Mr X on notice about how it may respond if he did not alter his approach to its library facilities.
8. In addition, given this was only a ‘notice of an intention’, there is no significant personal injustice to Mr X.

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Final decision

9. We will not investigate Mr X’s complaint because it is unlikely we would find fault and there is no significant personal injustice.

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Investigator's decision on behalf of the Ombudsman