Summary: We will not investigate this complaint about an allegation that the Council produced a racist sign. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Complainant can report the matter to the Equality and Human Rights Commission which may decide to take court action.

The complaint

1. The complainant, I shall call Mr B, says the Council has produced a COVID-19 safety measures sign which is racist towards the ethnic group to which he belongs.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

3. I considered information provided by Mr B complainant, including the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr B complains about signs it has produced encouraging people to take “hands, face, space” precautions during the COVID -19 pandemic.
6. He says a character on the sign wearing a face covering is racist towards the ethnic group to which he belongs.
7. The Council says the artwork uses cartoon and emoji style characters and is not representative of real people. It says it consulted several staff members and councillors from different ethnic backgrounds before producing the signs. No one raised any concerns.
8. It is not for us to decide whether the Council’s signs are racist and/or are discriminating against Mr B. Only the courts can make definitive decisions on these specific issues. 
9. With very few limited exceptions it is illegal to publish adverts which discriminate because of race.
10. If an advertisement like this is published, the Equality and Human Rights Commission can take court action against the publisher, if the case is referred to them by an advice agency.
11. Mr B can ask the Equality Advisory and Support Service for information on whether the sign is discriminatory.

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Final decision

12. We will not investigate Mr B’s complaint because he can report the matter to the Equality and Human Rights Commission.

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Investigator's decision on behalf of the Ombudsman