Summary: We will not investigate Mr X’s complaint that the Council has failed to investigate electoral fraud by a councillor and has failed to provide information related to the case. We cannot investigate actions of the returning officer who is responsible for electoral matters. The Information Commissioner is investigating the Council’s response to Mr X’s freedom of information application.

The complaint

1. Mr X complains the Council has failed to investigate his complaint of electoral fraud by a local councillor. He says the councillor has given false information about his home address to the public and on his electoral nomination form. Mr X says the Council by not investigating is aiding and abetting the fraud and corrupt practices.
2. Mr X complains the Council has failed to supply information about its actions requested in his freedom of information application. Mr X says the Information Commissioner has found the Council is at fault and it has still not provided the information.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We investigate complaints about alleged or apparent fault in the exercise of a council’s administrative functions (Local Government Act 1974, section 26A)
5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

6. I have considered Mr X’s information and discussed the complaint with him by telephone. I have considered information on the Electoral Commission’s website.

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My assessment

7. I will not investigate this complaint for the following reasons:
8. The Ombudsman cannot investigate the actions of the Council’s returning officer because they are not classed as administrative actions of the Council (see paragraphs 3 and 4 above). The Electoral Commission’s website says the returning officer is responsible for nomination papers. It is an offence to provide a false statement in nomination papers. If Mr X has evidence of fraud or wishes to pursue the matter he may seek advice from the Electoral Commission or police.
9. The Information Commissioner is dealing with the freedom of information complaint and there is no reason for this office to be involved. Mr X tells me the Information Commissioner has issued a decision statement against the Council requiring it to act. It is still within the compliance period.

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Final decision

10. The Ombudsman will not investigate Mr X’s complaint that the Council has failed to investigate electoral fraud by a councillor and has failed to provide information related to the case. We cannot investigate actions of the returning officer who is responsible for electoral matters. The Information Commissioner is investigating the Council’s response to Mr X’s freedom of information application.

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Investigator's decision on behalf of the Ombudsman