Summary: We cannot investigate Ms X’s complaint about the Council’s use of public money because it affects all or most people in the Council area.

The complaint

1. Ms X complains the Council’s decision to spend £75,000 on flag and banner installations was a misuse of public funds.
2. She also complains the Council failed to carry out due diligence regarding the impact on the community of its decision and then failed to respond to her complaint in a timely manner.
3. Ms X says this made her feel angry and unsafe.
4. She wants an apology and for the Council to review, reverse or minimise the expenditure.

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The Ombudsman’s role and powers

5. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
6. 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. A complaint about Council expenditure affects all or most of the population and so we cannot investigate it. It follows therefore, that we will not investigate the decision-making process which led to the expenditure. This is because we could not compel the Council to review or reverse its decision as we are precluded from investigating. Therefore, we could not achieve the outcome Ms X wants.
10. Where we cannot or will not investigate the substantive matters complained about we will generally not investigate how the Council handled the resulting complaint because the level of injustice is not significant enough. This is the case here.

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Final decision

11. We cannot investigate Ms X’s substantive complaint because it affects all or most of the Council area.

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Investigator's decision on behalf of the Ombudsman