Summary: We will not investigate Mr X’s complaint that the Council failed to use its powers under the Highways Act 1980 to remove flags from lampposts on the public highway or its decision-making about the matter because there is insufficient evidence of fault.

The complaint

1. Mr X complained the Council failed to use its powers under the Highways Act 1980 to remove flags placed on lampposts by members of the public.
2. Mr X said the matter caused him distress and frustration.

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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 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))

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How I considered this complaint

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

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My assessment

6. Mr X complained the Council failed to remove flags placed on lampposts by members of the public. In its complaint response, the Council summarised its decision-making and explained it took a pragmatic approach to removing flags where they pose a risk. It told Mr X it did not remove all flags and explained its reasoning.
7. 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.”
8. 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. There is insufficient evidence of fault in the Council’s decision-making, and so we will not investigate this complaint.

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Final decision

9. 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