The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council removed his political banner. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr X complained the Council removed his political banner during the election period. He stated the Council’s complaint response failed to acknowledge electoral guidance or the fairness of the electoral environment. He would like the matter to be independently investigated to address his concerns regarding transparency, procedural integrity and potential political bias.
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 there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was an electoral candidate and put up a banner advertising his political party.
The Council stated that it received a report of a political banner on the public highway via its ‘Report a Fault’ online tool. The Council stated that it gave Mr X one week to remove the banner before it was taken down and put in storage.
In its complaint response, the Council stated that it does not allow any advertising on the highway, including political campaign material. The Council provided a map to show the banner was on the publicly maintained highway.
The Council stated that it had used its powers under Section 132 of the Highways Act 1980 to remove the unauthorised banner. In its correspondence with Mr X, the Council confirmed that Councillors did not make the decision to remove the banner.
We will not investigate this complaint because the Council has set out its reasons for removing the banner and referenced the relevant legislation. It gave him the opportunity to remove the banner, and told him how it could be collected. There is not enough evidence of fault to justify an investigation.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman