Summary: We will not investigate this complaint about delays in receiving a postal vote. This is because we do not have the power to investigate the matters complained about.

The complaint

1. Mr X complains the Council took too long to send him his postal vote. As a result, he says he was unable to vote in the elections.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
3. Returning Officers are responsible for the administration of postal votes. They are not employed by the Council but are independent appointments. As a result, we do not have the authority to investigate complaints about their actions.

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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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Final decision

6. We will not investigate Mr X’s complaint because matters relating to postal votes are not an administrative function of councils but fall under the remit of the Returning Officer. We do not have the power to investigate Returning Officers.

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Investigator's decision on behalf of the Ombudsman