Summary: We will not investigate this complaint about the Council’s handling of advertising banners placed on or near the highway. This is because any injustice caused to Mr X is insufficient to warrant an investigation.

The complaint

1. The complainant, who I refer to as Mr X, says the Council should take action to remove advertising banners illegally placed on or by the highway. He also complains about the way the Council responded to his concerns about this matter.

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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 X and the Council, including its responses to his complaint and emails between the two parties.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about its management of advertising banners placed on or by the highway. It responded to acknowledge it had delayed in responding to his complaint and apologised for this. It explained that it prioritises highway issues which are a hazard to the safety of road users and that while this sometimes means some banners remain in place without consent for a period of time, this did not mean it would be a sensible and responsible use of the resources available to remove them.
6. We do not investigate every complaint we receive, and we have a duty to use the public funds allocated to us in an efficient, effective and economic manner. While I understand Mr X is dissatisfied with the Council’s response to his concerns, the level of injustice caused to him is not sufficient to warrant an investigation by the Ombudsman.
7. Mr X has raised FOI and SAR requests in connection with this matter with the Council. If he is dissatisfied with its response, it is open to him to contact the Information Commissioner’s Office, details of which he has already been given by the Council. As we normally expect someone to refer such matters to the Information Commissioner, we will not investigate them.

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Final decision

8. We will not investigate Mr X’s complaint because any injustice caused to Mr X is insufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman