Summary: We cannot investigate Mr X’s complaint about a delay in him receiving information about a local mayoral election. This is because the law does not allow us to investigate complaints about the organisation of elections.

The complaint

1. Mr X complains he did not receive voting material in time for him to use his postal vote in a local mayoral election. Mr X says he had to do his own research and this was not an easy task. Mr X is also unhappy as he says the Council did not properly process his complaint.

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))
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))

Back to top

How I considered this complaint

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

Back to top

What I found

7. Mr X complains he did not receive voting material in time for him to use his postal vote in a local mayoral election. Mr X says he had to do his own research and this was not an easy task. Mr X says the Council has not apologised or acknowledged its responsibilities.
8. Mr X also complains the Council did not properly process his complaint about this. Mr X says he had to chase up the Council’s response.
9. Voting material is sent to electors by Returning Officers who in performing this role work in a personal capacity and not on behalf of a council.

Analysis

10. The organisation of elections is the responsibility of Returning Officers who act in a personal capacity and not on behalf of councils. We have no remit to investigate Returning Officers or the organisation of elections as they are not administrative functions of councils.
11. We cannot investigate how the Council dealt with Mr X’s complaint, as a stand alone matter, as the law says we cannot investigate a council’s actions which relate to the matter which itself is outside of our jurisdiction.

Back to top

Final decision

12. We cannot investigate Mr X’s complaint as it relates to the organisation of an election and so is outside our legal remit.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman