Summary: We cannot investigate Mrs X’s complaint about the actions of the Returning Officer as we have no legal remit to investigate the organisation of elections.

The complaint

1. Mrs X complains about the actions and omissions of a Returning Officer running an election.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Returning Officer has the overarching responsibility for the organisation of elections and in carrying out this role, works in a personal capacity, and not on behalf of the Council. We cannot investigate as the Council is not responsible for the issue Mr X complains about and we have no remit to investigate Returning Officers.

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Final decision

6. We cannot investigate this complaint as we have no legal remit to investigate the organisation of elections.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman