Blackpool Borough Council (23 003 436)
Category : Other Categories > Elections and electoral register
Decision : Closed after initial enquiries
Decision date : 20 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the conduct of a local election. We cannot look at the actions of the Returning Officer.
The complaint
- Mr X complains about the actions of polling station staff at a recent election. He says that as a result, he was denied his right as a citizen of this country.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of Returning Officers. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Elections are conducted under the authority of a Returning Officer. Although this is usually a senior council officer appointed for the purpose in elections, when they are acting as a Returning Officer they are not a Council employee. Therefore, any complaints do not have to be dealt with through the Council’s complaints system. The Ombudsman cannot look at the actions of the Returning Officer.
- This complaint concerns the staff at a polling station. Responsibility for polling stations and the staff employed there falls under the Returning Officer’s remit. Therefore, we cannot investigate this complaint.
Final decision
- We cannot investigate Mr X’s complaint because we cannot look at the actions of the Returning Officer.
Investigator's decision on behalf of the Ombudsman