Summary: The Ombudsman cannot investigate Mr X’s complaint about a document which listed candidates for the European elections. The organisation of elections is the responsibility of the Returning Officer who acts in a personal capacity and not on behalf of the Council. The complaint is therefore outside our legal remit.

The complaint

1. The complainant, whom I shall call Mr X, complains about a document on the Council’s website which listed European election candidates. Mr X complains the names of candidates from a particular party were listed in bold type and that this could have subconsciously swayed voters.

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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)
4. Returning Officers for elections act in their own capacity, not as officers of a local authority. (Representation of the People Act 1983, sections 23(2))

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How I considered this complaint

5. I have considered what Mr X said in his complaint.

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What I found

6. Mr X, complains about a document on the Council’s website which listed European election candidates. Mr X complains the names of candidates from a particular party were listed in bold type and that this could have subconsciously swayed voters.

Analysis

7. The organisation of elections is the responsibility of the Returning Officer who acts in a personal capacity not carrying out an administrative function of the Council. Because of this, we have no legal remit to investigate Mr X’s complaint.

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Final decision

8. We cannot investigate Mr X’s complaint because it relates to the organisation of an election, a matter which is outside our legal remit.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman