Summary: We will not investigate this complaint about the Council not removing unauthorised flags from street furniture. This is because we are unlikely to find evidence of fault.

The complaint

1. Ms X complained that people have attached unauthorised flags to street furniture around the town. Ms X said the Council refused to take them down. Ms X said the flags distract drivers and are dangerous. She said the flags cause her to feel unsafe in the town. Ms X wants the Council to take the flags down.

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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 (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. The Council responded to Ms X’s complaint explaining it had not authorised the flags to be put up. It explained that where flags pose a safety issue, it will remove them as a priority.
7. The Council told Ms X that it will remove unauthorised items like flags as part of its normal maintenance activities. It explained that it will not make visits solely to remove the flags because of its limited resources.
8. I am satisfied that the Council have considered Ms X’s complaint properly and explained why the flags will not be removed as a priority. This was a decision the Council was entitled to make, and it is unlikely we would find fault.

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Final decision

9. We will not investigate Ms X’s complaint because it is unlikely that we would find any evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman