Summary: Mr X complains the Council allowed a candidate who did not qualify to stand for election as town councillor in 2017. He also complains the same councillor is providing misleading information on his declarations of interest form. The Ombudsman cannot investigate this complaint. The actions of the Returning Officer for elections is outside his jurisdiction. Failures to declare pecuniary interests are a matter for the police.

The complaint

1. Mr X complains that in 2017 a person who did not meet the qualifying criteria to stand for election was elected to the town council. He also says the same councillor has provided misleading information on his declarations of interest form.

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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 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

4. I considered the information provided by Mr X and the Council’s responses to his complaint.

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What I found

5. Mr X complained to the town council that a councillor elected in 2017 was not eligible to stand for election. He also complained the councillor’s declaration of interest form contained misleading information.
6. The town council referred Mr X to the district council (the Council), as it runs elections in the area.
7. The Council confirmed to Mr X the Returning Officer cannot investigate whether information provided in nomination forms for proposed electoral candidates is correct. It also confirmed complaints about the content of nomination forms should be reported to the police for investigation under the Representation of the People Act.
8. Having looked at the councillor’s declaration of interest form, the Council confirmed it is satisfied it followed the correct process. Should Mr X consider the councillor has failed to declare a pecuniary interest then he should report this to the police.

Assessment

9. Mr X complains the Council allowed an ineligible candidate to be elected as a town councillor. Returning Officers oversee elections.
10. Returning Officers for local elections do not carry out administrative functions of the council. They carry out their role under Act of Parliament in a personal capacity, not for the council. This part of the complaint is therefore outside the Ombudsman’s jurisdiction.
11. Mr X says the councillor has provided misleading information in his declaration of interest form. If he believes the councillor has failed to declare a pecuniary interest, he can report his concerns to the police for investigation as under the Localism Act such a failure is a criminal offence.

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Final decision

12. I cannot investigate this complaint. The actions of a Returning Officer are outside our jurisdiction. And failures to declare pecuniary interests are matters for the police.

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Investigator's decision on behalf of the Ombudsman