Birmingham City Council (22 008 109)

Category : Other Categories > Elections and electoral register

Decision : Closed after initial enquiries

Decision date : 03 Oct 2022

The Ombudsman's final decision:

Summary: We cannot investigate Mr X’s complaint about not having received a postal vote in time as this is not a complaint within our remit.

The complaint

  1. Mr X complains he did not receive his postal vote in time to vote in local elections.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The organisation of elections is the responsibility of the Returning Officer, who works independently in this role and not on behalf of the Council. We have no remit to investigate the actions of Returning Officers in carrying out this role and so we cannot investigate Mr X’s complaint.

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Final decision

  1. We cannot investigate Mr X’s complaint because it is not within our legal remit.

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Investigator's decision on behalf of the Ombudsman

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