The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaint regarding flags placed on his local high street. This is because an investigation would be unlikely to result in finding fault with the Council’s actions.
The complaint
Mr X complained the Council has failed to remove flags placed on the local high street.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about flags that have been placed on his local high street. Mr X said the flags were being used in a negative, discriminatory manner and the Council had a duty to remove them.
The Council empathised with Mr X but advised it did not have legal authority to remove the flags as this is the responsibility of the county council. In response to our enquiries the Council confirmed it has spoken with local police and there have been no recent increases in anti-social behaviour.
Mr X remains unhappy with the situation and wants us to find the Council at fault. The Council has confirmed it does not have the power to remove the flags and has directed Mr X to the county council. These were the actions we would expect the Council to take. It is open to Mr X to pursue this matter with the county council.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely to result in finding fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman