The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council failed to remove flags from lampposts on the public highway or its decision-making about the matter because there is insufficient evidence of fault.
The complaint
Mr X complained the Council: failed to remove flags from lampposts on the public highway placed by residents; and failed to explain its decision-making relating to when flags may or may not be removed.
Mr X said the matter caused him distress. Mr X wants the Council to remove the flags and review its decision-making policy relating to flags erected in its area.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained about flags erected by residents in the Council’s area. The Council decided not to remove the flags. In its complaint response, the Council summarised its decision-making and explained it took a pragmati c approach to removing flags where they pose a risk. It told Mr X it did not remove all flags and explained its reasoning.
The Council has powers under the Highways Act 1980 (s132)(2) to remove items placed on the highway without authorisation: “The highway authority for a highway may… remove any picture, letter, sign or other mark…painted or otherwise inscribed or affixed upon the surface of the highway or upon any tree, structure, or works on or in the highway.”
The Act gives the Council a power (“may”), not a duty (“must”), to remove the described items. This includes flags. The Council has chosen not to do so in every infraction using its discretion. There is insufficient evidence of fault in the Council’s decision-making, and so we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman