The Ombudsman's final decision
Summary: We will not investigate this complaint about a sign outside the complainant’s shop. This is because the Council has re-opened the complaint and will reconsider it.
The complaint
The complainant, whom I refer to as Mr X, complains about the Council’s response after he complained about a sign on a Council-owned post outside his shop; the sign advertises a competitor’s shop.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.
My assessment
Mr X contacted the Council about a sign on a Council-owned post outside his shop; the sign advertises a competitor’s shop. The Council responded and said the sign would be moved.
Mr X contacted the Council again about a week later. The Council said it would not treat his email as a complaint but said his concerns would be passed to the relevant department. The Council said Mr X could complain to us.
In response to my enquiries the Council said it would reopen the complaint and consider Mr X’s complaint that he has been told the sign will not be moved.
I will not investigate this complaint because the Council has re-opened it. This is an appropriate response because the Council has not yet had a chance to consider all the issues. Once the Council has finished reconsidering the complaint, Mr X can make a new complaint to us if he remains dissatisfied.
Final decision
We will not investigate this complaint because the Council has re-opened the complaint.
Investigator's decision on behalf of the Ombudsman