Summary: We will not investigate Mr X’s complaint that the Council failed to remove flags from lampposts on the public highway. This because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X says the Council failed to remove flags from street furniture near a school and failed to explain its decision-making relating to when flags may or may not be removed. Mr X says the flags cause safety concerns. He wants the Council remove the flags.

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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 injustice is not significant enough to justify our involvement, 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 complained about flags erected by residents in the Council’s area. In its complaint response, the Council explained its approach to removing flags where they pose a risk. It told Mr X it did not remove all flags and explained its reasoning.
6. The Council has powers under the Highways Act 1980 (s132)(2) to remove items placed on the highway without authorisation:

“The highway authority for a highway may… remove any picture, letter, sign or other mark…painted or otherwise inscribed or affixed upon the surface of the highway or upon any tree, structure, or works on or in the highway.”

7. The Act gives the Council a power (“may”), not a duty (“must”), to remove the described items. This includes flags. The Council has chosen not to do so in every instance using its discretion.
8. We will not investigate this complaint for the following reasons:
• The Council is entitled to decide whether to remove flags or not. It explained to Mr X how to report a safety issue via its website and said it will assess reports on a case-by-case basis. Therefore, we are unlikely to find fault with the Council.
• We are unable to ask the Council to remove the flags therefore we cannot achieve the outcome the Mr X wants
• 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 organisation. 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.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman