The Ombudsman's final decision
Summary: We will not investigate this complaint about the removal of graffiti. Any injustice is not significant enough to justify our involvement. In addition, further investigation would not lead to a different outcome.
The complaint
Mr X complained the Council failed to remove racist and offensive graffiti in 24 hours as promised on its website. He said he finds the graffiti offensive. He said he cannot rely on the Council to remove the graffiti, and that it takes him time having to chase the Council for its removal.
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: any injustice is not significant enough to justify our involvement, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint about delays in the Council removing offensive graffiti. Whilst I appreciate Mr X finds the graffiti offensive, we will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. Any injustice Mr X has experienced is not significant enough to justify our involvement.
In addition, the Council has accepted there have been some delays in removing graffiti and apologised for this. It has explained this was because of a breakdown in communication. It said it has provided feedback to the relevant services. As the Council has removed the graffiti, we would not consider the delay in it doing that significant enough to justify our involvement. The Council has explained to Mr X the reasons for the delay, apologised and addressed with the relevant services. Further investigation by the Ombudsman would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman