The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint that the Council did not remove flags from lampposts and public structures. This is because further investigation is unlikely to find evidence of fault in the Council's actions.
The complaint
Miss X complains about flags attached to lampposts and other structures in her neighbourhood. She says the flags cause her distress and make her feel intimidated and unsafe. She is also unhappy that, despite making several complaints to the Council, the flags remain in place. She says the Council did not escalate her complaint when she requested it do so. Miss X believes the Council should remove the flags for health and safety reasons.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council explained it has adopted a policy under which it does not consider concerns about flags through its corporate complaints process. Instead, it assesses reports about flags in line with its policy on items attached to highway assets and decides whether it should take action under its powers in the Highways Act 1980. This is a decision it was entitled to make.
The Council recognises it has powers under the Highways Act 1980 to remove unauthorised items from the highway. However, the Act gives the Council a power rather than a duty to do so. The Council has adopted a policy of removing flags where they pose a risk to pedestrians or road users. It is therefore for the Council to decide how and when it exercises its powers, taking account of its resources, priorities and operational approach. We could not therefore require the Council to remove the flags.
We will not investigate Miss X's complaint because further investigation is unlikely to find evidence of fault in the Council's actions.
Final decision
We will not investigate Miss X’s complaint because further investigation is unlikely to find evidence of fault in the Council's actions.
Investigator's decision on behalf of the Ombudsman