Summary: We will not investigate this complaint about the Council’s failure to act against the unauthorised placement of flags on public infrastructure. This is because there is not enough evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs Y complains about the Council’s lack of enforcement against the unauthorised placement of flags on public infrastructure.
2. Mrs Y says she finds the flags on public infrastructure intimidating, divisive, and promoting particular political viewpoints.

Back to top

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))
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

Back to top

How I considered this complaint

5. I considered information provided by Mrs Y.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mrs Y is complaining about the Council not taking enforcement action on members of the public erecting flags on council owned property.
8. The law allows the Council to remove flags fixed onto Council owned highways, trees, lampposts or structures without its permission. It also allows the Council to fine a person who does this without their consent.
9. Mrs Y has said the Council should have stricter enforcement such as injunctions, to prevent this behaviour.
10. The Council said in its complaint response it is taking the complaint seriously. It is removing flags that pose a risk to public safety, are damaged, or contain political or offensive messages. It is also working with community and faith leaders to address community cohesion issues.
11. As the Council has considered the issue and acted in line with the law and has used learning from other Councils in its decision, there is not enough evidence of fault for us to investigate.

Back to top

Final decision

12. We will not investigate Mrs Y’s complaint because there is not enough evidence of fault by the Council to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman