Summary: Mr X complained about the Council’s decision not to remove a flag displayed at a community centre which he says is discriminatory, and which he said caused him distress. We find the Council at fault for not considering relevant guidance as part of its decision. The Council has agreed to apologise and make a fresh decision.

The complaint

1. Mr X complains the Council did not remove a flag on display at a community centre, which he reported as inappropriate due to its political nature. He also complains about the Council’s handling of his complaint. Mr X says the presence of the flag is discriminatory and the Council’s decision not to remove it causes him distress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

3. I considered the information and documents provided by Mr X and the Council. I also considered the relevant government guidance. Mr X and the Council had an opportunity to comment on a draft of this decision. I have considered all comments received before making this final decision.

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What I found

What should have happened

4. The regulations governing the flying of flags in England are set out in the Town and Country Planning (Control of Advertisements) Regulations 2007 (as amended in 2012 and in 2021). There is Government guidance – Flying flags: a plain English guide - for councils which details when they are required to give permission to display flags in public places.

What happened

5. The flag is displayed at the entrance of a community centre, by a community group that leases a part of the centre.
6. In early 2024, Mr X saw the flag outside the community centre. He complained to the Council several times. The Council said it considered his complaint and decided to take no action. It said the reason is it had no obligation to take action was because of its lease arrangements with the community group.

Analysis

Flag

7. There is no evidence the Council referred to relevant Government guidance in its decision making. This was fault, as the Council failed to take account of relevant guidance as part of its decision making. Instead, the Council appears to have narrowly focused on the lease arrangements with the community group.
8. The documents I have seen also indicate the Council did not consider all relevant information about the community centre when making its decision. The community centre appears to be used by other organisations providing public services. I consider it was fault that the Council did not consider whether it was appropriate for one leaseholder to display a flag, that might be perceived as political, alongside signage for other public services.
9. I therefore find the Council at fault. I do not find this fault caused Mr X a significant personal injustice in the way he has described. However, the failure to make a properly informed decision has caused him a degree of injustice. It is not the Ombudsman’s role to say what decision the Council should make. However, it should make a fresh decision that takes account of the Government guidance, and the relevant facts of the case.

Complaint Handling

10. Mr X says he complained to the Council 14 times over two months.
11. The Council closed his complaint saying it was resolved but did not provide a complaint response. Mr X said the Council had not resolved his complaint.
12. The Council then passed his complaint to its complaints department.
13. The Council replied to Mr X’s complaint two months late. This is fault. This caused injustice because it caused him inconvenience and frustration. The Council apologised for this delay in its response.

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Agreed action

14. Within four weeks of this decision the Council has agreed to make a new decision with reference to the relevant government guidance and with full consideration of the services at the community centre. The Council will communicate its decision in writing to Mr X.
15. Alongside this, within four weeks of this decision the Council has agreed to provide a written apology to Mr X for the inconvenience and frustration caused by its handling of his complaint.
16. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
17. The Council should provide us with evidence it has complied with the above actions.

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Final decision

18. I have completed my investigation. I find the Council at fault and this caused injustice. The Council has agreed to make a fresh decision and apologise to Mr X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman