Summary: We will not investigate Mr X’s complaint about the Council’s decision to fly a flag to celebrate Pride month. There is not enough evidence of fault in the Council’s actions or of significant injustice to Mr X to warrant an investigation.

The complaint

1. Mr X complained the Council has discriminated against his disability and religious beliefs by flying a Pride flag during Pride month. He says this is a breach of the Equality Act 2010 and this has caused him anxiety.

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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 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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

(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.
5. I considered the Equality Act 2010.

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My assessment

6. Mr X asked the Council to remove bunting from his local high street as a reasonable adjustment for his disability and religious beliefs. The bunting represented the Pride movement and Mr X said this prevented him from being able to access his local shops, due to the distress the Pride movement causes him.
7. He also complained about a Pride flag being flown near his home.
8. The Council responded to say it did not organise the bunting but did arrange the flag. In its response, the Council stated it is an advocate of Pride month and sees it as an opportunity to encourage inclusiveness.
9. The Council explained it has a Public Sector duty under the Equality Act to promote equality of opportunity and foster good relations within the community, it believes flying a Pride flag during Pride month complies with this duty.
10. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
11. Although Mr X may find the Pride flag upsetting, it was only flown during the month of June and was in a fixed location. There is insufficient evidence of injustice to warrant an investigation.
12. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act. There is not enough evidence the Council failed to take account of its duties under the Equality Act to warrant investigation.

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Final decision

13. We will not investigate Mr X’s complaint about a Pride flag, because there is insufficient evidence of fault in the Council’s actions or of significant injustice to Mr X to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman