Summary: We will not investigate this complaint that the Council has failed to properly investigate alleged electoral fraud by a councillor. The actions of the Returning Officer, who is responsible for electoral matters, are not within our jurisdiction, and there are other bodies better placed to consider the complaint.

The complaint

1. Ms X complains the Council has failed to properly investigate her concerns of electoral fraud by a councillor, who she says lied about his address on his nomination form.

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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 can investigate 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. So, we do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. And 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

5. I considered information provided by Ms X and the Council, which related to the Council’s complaint process.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. Elections are conducted under the authority of a Returning Officer, including administering the nomination process. They act in their own capacity, not as officers of a local authority. Therefore, and with reference to paragraph 4 above, the actions of the Returning Officer do not fall within the Ombudsman’s jurisdiction, so we cannot investigate the way they handled Ms X’s complaint about the councillor.
8. Furthermore, it is a criminal offence to provide a false statement in nomination papers. So, if Ms X has evidence of the alleged fraud, she could pursue the matter further with the Police or the Electoral Commission.

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Final decision

9. We will not investigate Ms X’s complaint because the actions of the Returning Officer are not within our jurisdiction, and there are other bodies better placed to consider her concerns.

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Investigator's decision on behalf of the Ombudsman