Summary: We will not investigate this complaint about how the Council put a flag on a building without consent or how the Council dealt with the complaint. This is because there is insufficient evidence of significant personal injustice.

The complaint

1. Mr X complains the Council put a pride flag up on a building near his home without permission or consent. He says the Council took too long to respond to his complaints which caused him uncertainty and frustration. Mr X wants the Council to review its flag flying policies and apologise for its poor communication.

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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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome (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.

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My assessment

5. Mr X complained the Council put up a pride flag on a building without the required permission or consent. The Council told Mr X it was because of human error, and it removed the flag. It removed it again after it became aware another person had put it back up.
6. 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 Council. 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.
7. I understand Mr X wants the Council to review its flag flying policies. The Council told Mr X it discussed the matter with the Parks team. It said it reminded staff about the regulations of advertisements and the need for consent. It also apologised to Mr X for its delay in responding to his complaint. A further investigation by the Ombudsman would not lead to a different outcome.
8. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of significant personal injustice.

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Investigator's decision on behalf of the Ombudsman