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 the Council’s leader and ruling party use their position to help party candidates and influence the outcome of local elections. Mr X says this is an abuse of power and not playing fair. Mr X gives the example of the leader publishing the removal of a controversial element of a planning development before the election. He suggests this may also have wasted taxpayer’s money. Mr X says the leader of the Council should be dismissed and candidates who breach ‘purdah’ rules should be barred from standing in the election.

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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)))
3. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

4. 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

5. 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

6. I cannot investigate Mr X’s complaint because it is outside the Ombudsman’s jurisdiction for the following reasons:
1. 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.
2. A complaint about wasting taxpayers’ money affects ‘all or most’ of the people who live in the Council’s area (see paragraph 3).

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Final decision

7. 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