Bristol City Council (25 019 877)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 12 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council failed to remove flags from the public highway because there is insufficient evidence of fault.
The complaint
- Mr X complained the Council failed to remove flags placed by residents from Council owned lampposts.
- Mr X said the matter caused him distress. Mr X wants the Council to remove the flags.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate this complaint. In its complaint response, the Council explained it did not routinely remove flags placed in its area. It balances its responsibilities towards community safety and risks posed when determining whether to remove flags.
- 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.”
- 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.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman