Summary: We cannot investigate this complaint about the Council’s inclusion of the complainant’s details from the electoral register. This is because the matter has already been considered in the county court so we have no remit to investigate.

The complaint

1. Mx X says the Council has acted unlawfully by keeping their details on the electoral register. They would like the Council to remove their personal information from the Electoral Register.

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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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council said Mx X’s request does not meet the legal tests for removal from the Electoral Register. And it advised of their legal right to appeal in the county court. The Court decided the Council were entitled to include Mx X’s information on the Electoral Register.
7. So we cannot investigate any aspect of this as Mx X has used their rights of appeal to court.

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Final decision

8. We cannot investigate Mx X’s complaint because it has been to court.

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Investigator's decision on behalf of the Ombudsman