Summary: We will not investigate this complaint that the Council failed to take enforcement action to remove posters. This is because we could not add to the previous investigation carried out by the Council.

The complaint

1. The complainant, Mr X, complains the Council failed to take action to deter organisers from placing posters advertising an event. Mr X says the posters were excessive in number, too large and unsightly and remained in place after the event had taken place.
2. Mr X also complains about how the Council has handled his complaint about the posters.

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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 we could not add to any previous investigation by the organisation.
(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. Event organisers placed posters in the local area to advertise an event. Mr X says they were too large and the Council has failed to use its enforcement powers in a timely way to have the posters removed. He says he complained about the same matter previously to the Council and says it did not act on the recommendations made in that case.
6. The posters were in place prior to the event. Following the complaint made by Mr X, the Council contacted event organisers to remind them to remove the posters once the event had finished. The Council inspected one month after the event had taken place and the posters had been removed.
7. Mr X’s complaint was addressed by the Council and a response was given to each of the points he raised. The Council admitted some fault and agreed to apologise to Mr X. To address the fault identified, the Council set out specific actions and improvements it will make.
8. The response is comprehensive and proportionate to the matters Mr X raises. The Ombudsman could not add to the investigation carried out by the Council. For that reason, we will not investigate Mr X’s complaint.
9. Mr X complains about the Council’s handling of his complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. That is the case here.

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Final decision

10. We will not investigate Mr X’s complaint because we could not add to the previous investigation carried out by the Council.

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Investigator's decision on behalf of the Ombudsman