Summary: The Ombudsman cannot investigate Mr X’s complaint that he was not able to vote in the European elections as his proxy vote was not arranged in time. The complaint is outside the Ombudsman’s legal remit as the Council is not responsible for the organisation of elections.

The complaint

1. The complainant, whom I shall call Mr X, complains he was unable to vote in the European elections as he says the Council did not arrange his proxy vote in time.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

What I found

6. Mr X lives abroad and contacted the Council to arrange a proxy vote so he could vote in the European elections. Mr X complains he was unbale to vote as his proxy vote was not arranged in time.

Analysis

7. Returning Officers are responsible for the organisation of elections and do so in a personal capacity not on behalf of the Council. We therefore have no remit to investigate Mr X’s complaint as how his request for a proxy vote was administered was ultimately the responsibility of the Returning Officer.

Back to top

Final decision

8. We cannot investigate Mr X’s complaint as the organisation of elections is not an administrative function of the Council, but that of the Returning Officer who acts in a personal capacity.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman