Summary: We will not investigate Mr X’s complaints that the Council failed to remove flags from lampposts on the public highway or how it considered its Public Sector Equality Duty because there is insufficient evidence of fault.

The complaint

1. Mr X complained the Council:
1. failed to remove flags placed on lampposts on the public highway without authorisation; and
2. failed to consider its Public Sector Equalities Duty when making decisions about when and how to remove any flags.
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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained about flags erected by unknown individuals in the Council’s area.
7. 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.
8. 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.”
9. 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 infraction using its discretion. There is insufficient evidence of fault in the Council’s decision-making, and so we will not investigate this complaint.
10. Mr X also complained the Council failed to consider its Public Sector Equality Duty. In its complaint response the Council explained its decision making. It told Mr X it had considered his views, but determined the issue was nuanced with some residents wanting the flags, and some not. It concluded it would take a pragmatic approach to removing the flags. There is insufficient evidence of fault in the Council’s decision-making to warrant an investigation, and so we will not do so.

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Final decision

11. 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