Summary: We will not investigate Mr X’s complaint that the Council failed to act to remove flags and markings from the public highway because there is insufficient evidence of fault.

The complaint

1. Mr X complained the Council:
1. failed to remove flags and markings from Council owned property (lampposts, mini-roundabouts, etc.) in line with its duties under the Highways Act 1980;
2. delayed responding to his complaint.
2. Mr X said the matter caused him distress and frustration. Mr X wants the Council to remove the flags and markings.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. We will not investigate this complaint. In its complaint response, the Council explained it had taken a pragmatic approach to removing unauthorised flags and markings in its area.
7. The Highways Act 1980(s132)(2) states:
• “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.”
8. The Act gives the Council a power (“may”), not a duty (“must”), to remove the described items. The Council has chosen not to do so in every infraction using its discretion. There is insufficient evidence of fault in the Council’s decision-making, and so we will not investigate this complaint.
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, we will not investigate Mr X’s complaint about how the Council handled his complaint.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman