Summary: We will not investigate Mrs X’s complaint about the Council failing to remove flags within the area because there is insufficient evidence of fault with how the Council made its decision.

The complaint

1. Mrs X complained the Council failed to take proper action in relation to flags being present in the area. She said the matter caused her distress and frustration. She wants the Council to remove the flags.

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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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X said there are lots of flags attached to lampposts in the area which pose a risk to people using the road. She said some of the flags are damaged and partially hanging. Mrs X said whilst she was driving, a flag fell off and attached itself to her windscreen. She said it almost caused an accident and left her feeling anxious and distressed about driving. Mrs X also said the flags are associated with a political group and contributing towards dividing the community.
7. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault with how the Council made its decision. This is because the Council appropriately responded to Mrs X's concerns. It said it did not authorise anyone to place the flags on streetlight furniture or anywhere else. It said it was monitoring the matter but was not taking any immediate action. It explained why it chose not to remove the flags and considered both road and community safety when making that decision. Where there is no fault with how the Council reached its decision, we cannot question the outcome.
8. Furthermore, the Council does not have a legal duty to remove items such as flags under section 132 of the Highways Act 1980.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault with how the Council made its decision.

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Investigator's decision on behalf of the Ombudsman