Summary: We will not investigate Mr X’s complaint about unauthorised flag displays in his neighbourhood. There is not enough evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complained to the Council about unauthorised flag displays attached to lampposts and other structures. Mr X says the flags are causing feelings of distress and intimidation making him feel unsafe in his own neighbourhood. Mr X says the Council has not considered the social harm and impact to residents in deciding it will deal with the issue under its routine highway maintenance schedule. Mr X wants the Council to take visible and timely action to remove the flags and to recognise how delays impact residents.

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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))

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How I considered this complaint

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

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My assessment

5. The Council responded to Mr X’s complaints and said it recognised the distress caused by the flags. It said it did not approve displays of unauthorised items. It said removal of flags had to be consistent across the Council’s whole area with priority given to any causing an immediate safety risk. The Council confirmed the removal of flags would be done as part of its scheduled maintenance works.
6. It is not our role to say how a council should use or prioritise its limited resources. The Council has offered a proportionate and reasonable response to Mr X’s complaint. There is not enough evidence of fault in how the Council has reached its decision to warrant an investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman