Summary: We will not investigate this complaint about the Council’s handling of reports of unauthorised flags on lampposts in her area. This is because the issue has not caused her significant enough injustice to warrant investigation.

The complaint

1. Ms X complains the Council has failed to properly consider whether to remove St George’s and Union flags from public lampposts. She says the Council made its decision without carrying out an equality impact assessment despite how they may be viewed by asylum seekers and people from ethnic minority backgrounds. She says the flags create an exclusionary and intimidating atmosphere which affects her sense of safety, belonging and wellbeing.

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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
• 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

3. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

4. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
5. I appreciate Ms X feels uncomfortable about the flags and is concerned about the impact they may have on others, but she has not provided consent to bring the complaint for anyone other than herself and the injustice she describes is not significant enough to warrant investigation.
6. In any event, it is not for us to decide whether the Council has met its obligations under the Equality Act 2010. This is a matter for the courts. The Council has told Ms X it is satisfied its approach complies with its responsibilities under the Act and we cannot say otherwise.

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Final decision

7. We will not investigate this complaint. This is because the matter does not cause significant enough injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman