Summary: Mr B complains about the Council’s handling of matters relating to flyposting. The Ombudsman will not investigate the complaint because it falls outside our jurisdiction as such matters affect all or most of the inhabitants of the Council area.

The complaint

1. The complainant, who I refer to as Mr B, complains about the Council’s handling of matters relating to flyposting in its area and its lack of action in tackling illegal fly-posting.

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The Ombudsman’s role and powers

2. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision.

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What I found

4. Mr B became involved in concerns initially raised with the Council by a third party concerning illegal flyposting during local elections.
5. Mr B made a formal complaint about these matters which the Council addressed under its complaints procedure. Dissatisfied with the Council’s responses and the accuracy of the information he had been given, Mr B complained to the Ombudsman.

Assessment

6. The restriction highlighted at paragraph 2 of this statement applies to Mr B’s complaint. Mr B has stated he is a citizen concerned about his environment and that of all citizens living in the city area. However, the flyposting does not appear to have caused Mr B to have suffered some injustice above and beyond that suffered by the public generally and so the complaint falls outside our jurisdiction and cannot not be investigated.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because it falls outside our jurisdiction as the matters complained about affect all or most of the inhabitants of the Council area.

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Investigator's decision on behalf of the Ombudsman