Summary: We will not investigate this complaint about the Council’s response to a compalint about hanging of national flags on council highway infrastructure. There is insufficient evidence of fault or personal injustice which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to properly respond to his concerns about the hanging of national flags on highway lamp posts in his area. He says he is concerned about health and safety and that the Council should issue details of what it proposes to do about the incidents.

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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 fault has not caused injustice to the person who complained, or
• 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

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 says he is concerned about the proliferation of national flags hanging from highway lamp standards in his area. He says he asked the Council about whether proper procedures and safety checks had been carried out and whether they were compliant with planning and other legislation.
6. The Council says that the flags were placed on the infrastructure by persons unknown and that the leadership of the Council have considered the matter. It issued a statement to confirm that the Council generally supports the erection of national flags provided that safety concerns are followed. The statement included guidance issued by the Council related to safety issues involved.
7. We will not investigate this complaint. Although councils as highway authorities have powers to remove items placed on the highway these are powers not a duty and it has to consider whether or not to use its powers. The Council has decided that the erection of flags safely is acceptable and this has not caused any personal injustice to Mr X.

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Final decision

8. We will not investigate this complaint about the Council’s response to a compalint about hanging of national flags on council highway infrastructure. There is insufficient evidence of fault or personal injustice which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman