Summary: The Ombudsman cannot investigate Mr X’s complaint that he was not able to vote in local elections because the Council failed to arrange his postal vote. The complaint is outside the Ombudsman’s legal remit as the Council is not responsible for the organisation of elections. The Returning Officer organises elections and in this role, works in a personal capacity, not on behalf of the Council.

The complaint

1. The complainant, whom I shall call Mr X, complains he was unable to vote in local elections because the Council failed to arrange his postal vote.

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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))
5. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I have considered what Mr X said I his complaint.

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What I found

7. Mr X complains the Council failed to organise a postal vote for him and so he lost his right to vote in local elections. Mr X complains the Council gave him false information and has treated him with contempt. Mr X complains the Council has failed to properly investigate his complaint about these matters.

Analysis

8. Returning Officers organise elections acting in a personal capacity and not on behalf of the Council. We have no legal remit to investigate the actions of Returning Officers when carrying out this function.
9. We will not investigate Mr X’s complaint about how the Council dealt with his complaint about this for the reason given in paragraph 5.

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Final decision

10. We cannot investigate Mr X’s complaint as it 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