Summary: We will not investigate Miss X’s complaint about the Council’s decision relating to a request for it to remove yellow ribbons attached to street furniture. There is no worthwhile outcome achievable by us investigating.

The complaint

1. Miss X wrote to the Council expressing disquiet it had not acted to remove yellow ribbons attached to street furniture it owned. Miss X said she believed this amounted to vandalism and has had an impact on her wellbeing.

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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 no worthwhile outcome achievable by our investigation. (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 I considered the Ombudsman’s Assessment Code.

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My assessment

4. Miss X wrote to the Council expressing her concern about the presence of yellow ribbons in her locality. Miss X believed this was intended to unnecessarily increase community tensions because it was a form of protest. Miss X told us the Council did not properly consider its duties under the Equality Act 2010.
5. The Council replied to Miss X and said it was taking ongoing advice from other stakeholders and community leaders on its response. It said it was taking the same approach to other concerns relating to counter protests. It also set out how it would respond to specific instances, where there were aggravating features.
6. We will not investigate this complaint because we could not direct the Council on how it should respond to this, as a matter of local concern and one for locally elected representatives to consider.
7. Additionally, we could not say the Council was in breach of the Equality Act, only the courts can. We can only consider whether the Council has taken account of its duties, under the Equality Act, and the evidence indicates it has done so in this case.
8. Consequently, there is no worthwhile outcome achievable by us investigating this complaint.
9. Miss X said the Council refused to take her complaint, or consider it properly. We will not investigate complaint handling concerns, where we are not investigating the substantive issue, because it is not a good use of our time.

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Final decision

10. We will not investigate Miss X’s complaint because there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman