Summary: We will not investigate Mr X’s complaint that the Council failed up properly update his entry in the electoral register when he changed his nationality. There is not enough evidence of fault to justify an investigation. In relation to Mr X’s issues around his subject access request, the Information Commissioner’s Office is better placed to deal with that complaint.

The complaint

1. Mr X complains that the Council failed to take the appropriate action to update the electoral register after he informed it that his nationality had changed.
2. He says that as a result, he was unable to vote in the 2024 General Elections.
3. Mr X also complains the Council delayed in dealing with his subject access request.

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The Ombudsman’s role and powers

4. We 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. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. In 2023, Mr X completed the annual canvas form which all councils must issue to all households. On the form, he said his nationality had changed and he was now a British citizen.
8. Mr X took no further action. In 2024, when he tried to vote in the General Election, he discovered he was not on the register and he could not vote.
9. In its complaint response, the Council said that when Mr X changed his nationality on his household canvas form, this automatically generated an email prompting him to re-register. The Council provided information to show this email had been generated. It explained this was in line with legal requirements because his change in nationality affected his eligibility to vote in certain elections. Because Mr X took no further action, he lost his right to vote.
10. The Council has evidenced it took the appropriate action, in line with legislation, to advise Mr X to re-register. Therefore, we will not investigate this complaint because there is not enough evidence of fault to justify an investigation.
11. In relation to Mr X’s complaint about his subject access request, the Information Commissioner’s Office is better placed to respond. Therefore, we will not investigate this complaint.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation and there is another body better placed to deal with his subject access complaint.

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Investigator's decision on behalf of the Ombudsman