Summary: We will not investigate Ms X’s complaint the Council’s electoral register is not showing the date she moved into her property or first applied for the register thereby harming her credit rating. The Council has not caused Ms X an injustice and we cannot achieve the outcome Ms X wants.

The complaint

1. Ms X complains the Council delayed dealing with her application for inclusion on the electoral register following her first application in early August 2021. Ms X says the Council’s register does not show she moved to her property in April 2022 and so there is a gap in her history. She says this has caused credit agencies to refuse to loan her any money. Ms X says the Council has ruined her life and should alter the register.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and discussed the complaint with her by telephone.

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My assessment

6. I will not investigate Ms X’s complaint for the following reasons:
7. The Ombudsman cannot achieve what Ms X wants. The Council included Ms X on the December 2021 electoral register having received a second application on 1 September which it says automatically replaces the earlier one. However, had the Council dealt with the August application Ms X would still have had a gap of four or more months. She did not immediately apply to the register when she moved to the area in April.
8. There is insufficient injustice to investigate. The Council is not responsible for Ms X’s credit problem or the decisions of credit agencies. Ms X’s solicitor could confirm the date she purchased her property.
9. I do not consider it a good use of limited public resources to investigate the complaint.
10. Some disputes about the electoral register are appealable to the County Court. If that is the case Ms X’s complaint would be outside the Ombudsman’s jurisdiction (see paragraph 3 and 4). I consider it reasonable for Ms X to use or have used her legal remedy. However, I have explained above why in administrative terms the Ombudsman is not proposing to investigate.

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Final decision

11. The Ombudsman will not investigate Ms X’s complaint the Council’s electoral register is not showing the date she moved into her property or first applied to the register thereby harming her credit rating. The Council has not caused Ms X an injustice and we cannot achieve what Ms X wants.

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Investigator's decision on behalf of the Ombudsman