Summary: We cannot investigate Mr X’s complaint that the Council breaks electoral rules. We cannot lawfully investigate because the complaint is not about the Council’s administrative actions.

The complaint

1. Mr X complains elections in the Council area are no longer fair. He says the leader of the Council uses social media and council related issues to sway voters. He says there should be a time limit on being Council leader, councillors should follow election rules and guidance, and there should be penalties for breaches. Mr X says he has lost confidence in the fairness of elections.

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The Ombudsman’s role and powers

2. We can only investigate administrative fault and service failure arising in connection with a council’s administrative functions. (Local Government Act 1974, section 26 (1)))

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How I considered this complaint

3. I have considered Mr X’s information and comments. I have considered the Council’s letter to Mr X dated 19 April 2021.

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What I found

4. Mr X’s information refers to the campaigning behaviour of the leader of the Council and his political group. The Council’s letter suggests he could raise his concerns with the Electoral Commission.

Analysis

5. I cannot investigate Mr X’s complaint because it is outside the Ombudsman’s jurisdiction. The complaint is not about an administrative function of the Council (see paragraph 2 above). Breaches of electoral rules are a matter for the Electoral Commission or the courts.

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Final decision

6. The Ombudsman cannot investigate Mr X’s complaint the Council breaks electoral rules. We cannot lawfully investigate because the complaint is not about the Council’s administrative functions.

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Investigator's decision on behalf of the Ombudsman