Summary: We will not investigate this complaint about planning permission because there is no evidence of fault causing injustice. The complaint also affects all or most of the population of the area and so is out of jurisdiction.

The complaint

1. Ms X complains that the Council flew a flag at a Council building which she considered objectionable.

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The Ombudsman’s role and powers

2. 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)
3. 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 fault has not caused injustice to the person who complained, 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complains that the Council flew a flag above its building without planning permission. She says that the cost of the flag (and training initiatives) was unreasonable.
7. The Council says that planning permission was not require for the flag. I am satisfied that there was no requirement therefore to obtain planning permission to fly the flag. The cost of the flag and associated costs affects all or most of the population of the area and is therefore out of jurisdiction.

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Final decision

8. We will not investigate Ms X’s complaint because there is no evidence of fault by the Council and the matter affects all or most of the population.

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Investigator's decision on behalf of the Ombudsman