Summary: We will not investigate this complaint about the conduct of a local election. The actions of the Returning Officer are outside our jurisdiction.

The complaint

1. The complainant, I shall call Mr X, complains the Council failed to preserve the privacy of a polling booth by allowing CCTV to operate within a polling station.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of Returning Officers. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains the Council allowed CCTV to operate within a polling station, thus compromising the privacy of electors.
7. Elections are conducted under the authority of a Returning Officer. This is usually a council officer appointed for the purpose in local elections. The officer does not fall within the Ombudsman’s jurisdiction.
8. In this case the Returning Officer is a Council employee. However, when overseeing the conduct of elections, the employee is not acting as a Council Officer, rather they are the Returning Officer. As above, actions of returning Officers are outside our jurisdiction.

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Final decision

9. We will not investigate Mr X’s complaint because it is outside our jurisdiction for the reasons stated above.

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Investigator's decision on behalf of the Ombudsman