Eden District Council (22 005 681)
Category : Other Categories > Leisure and culture
Decision : Closed after initial enquiries
Decision date : 21 Sep 2022
The Ombudsman's final decision:
Summary: We cannot investigate Mrs X’s complaint the Council’s returning officer is acting unlawfully in refusing to hold a vote on a local fair. We do not have the legal power to investigate a complaint about a legislative rather than an administrative decision. We cannot lawfully investigate a complaint which affects ‘all or most’ of the people in the area.
The complaint
- Mrs X complains the Council’s returning officer is failing to follow the law and has wrongly refused to organise a vote to establish public views on the Appleby Horse Fair. Mrs X says last year the fair cost the taxpayer about £500,000. She says the Fair is dangerous and she feels vulnerable.
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 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)
- We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
How I considered this complaint
- I considered information provided by the complainant.
My assessment
- I cannot investigate this complaint for the following reasons:
- The Ombudsman cannot investigate actions which are not administrative actions of the Council (see paragraphs 2 and 3 above). The Council is not responsible for the returning officer decisions. The returning officer acts in an individual capacity under designated legislative powers.
- The Ombudsman cannot investigate a complaint about the use of taxpayer’s money which affects ‘all or most’ of the people in the area (paragraphs 2 and 4).
Final decision
- The Ombudsman cannot investigate Mrs X’s complaint that the Council’s returning officer is acting unlawfully in refusing to hold a vote on a local fair. We do not have the legal power to investigate a complaint about a legislative rather than an administrative decision. We cannot lawfully investigate a complaint which affects ‘all or most’ of the people in the area.
Investigator's decision on behalf of the Ombudsman