The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to remove flags placed without planning permission. This is because the Council have since removed the flags. Further investigation is unlikely to achieve anything more.
The complaint
Mr X complains the Council has refused to remove flags that have been placed on lampposts in the borough without planning permission.
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: • we could not add to any previous investigation by the organisation, or • investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Following Mr X’s complaint to us, the Council has responded to him, apologised for the delay in dealing with his complaint, and advised they are removing the flags. Mr X has therefore achieved the outcome he was seeking. Further investigation is unlikely to achieve anything more.
Final decision
We will not investigate Mr X’s complaint because the Council have resolved the complaint by removing the flags. Further investigation is unlikely to achieve anything more.
Investigator's decision on behalf of the Ombudsman