Summary: We will not investigate this complaint about the Council’s response to flags appearing in public spaces. This has not caused
Mr X significant enough injustice to warrant us investigating.

The complaint

1. Mr X complains about the Council not removing flags from street lighting columns. He says this means he feels unsafe going out in his community as he believes those who put them up have weaponised them to target specific people. He says this has caused him stress and anxiety.

Back to top

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, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 

Back to top

How I considered this complaint

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

Back to top

My assessment

5. In Mr X’s area people have attached flags to street lighting columns. The Council said it would remove flags that were considered a safety hazard and that the remaining flags would be removed when possible. However, the Council has no power to remove flags from private property or that of other councils.
6. Although it is an offence for people to attach items to street furniture including lighting columns, there is no duty in law on the Council to remove them. We could not therefore say removing them or leaving them in place amounts to fault by a council. 
7. I recognise Mr X may find the flags distressing, but there is nothing inherently offensive in the use of a national flag or some other widely recognised flags. It is not for the Ombudsman to reach a judgement about the significance of a flag to some people but not to others. This means any distress Mr X may experience from seeing the flags is not a significant enough injustice to warrant the Ombudsman using time and public money to investigate.  

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is neither enough evidence of fault in the Council’s decision not of it causing Mr X significant enough injustice to warrant investigation.

Back to top

Investigator's decision on behalf of the Ombudsman