Summary: We will not investigate how the Council dealt with a complaint about the election of a parish councillor as, in part, it is unlikely we will find fault, and the organisation of elections is outside our remit.

The complaint

1. Mr X complains the Council supported an illegal act when a disqualified nominee was allowed to be elected as a parish councillor. Mr X considers the Council has a duty to manage the legal system of parish councils within its area and has therefore failed to properly act.

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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 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 (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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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 its response to Mr X, the Council advised it is not responsible for the running of parish councils; that its role is limited to dealing with complaints about individual councillor conduct. The Council’s response also explained, to a degree, the role of the Returning Officer in the matter.
8. We will not investigate as it is unlikely we will find fault by the Council. The parish council is a statutory local authority in its own right, being overseen by its elected members. While the Council has a duty to investigate conduct complaints about individual parish members, it is not responsible for overseeing the day to day business of parish councils.
9. The Council’s Returning Officer is responsible for managing elections but acts independently in this role, and in doing so, is not performing an administrative function of the Council. As such, and as per paragraph three, the actions of Returning Officers are outside our remit. We cannot therefore investigate this aspect of the complaint.

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Final decision

10. We will not investigate Mr X’s complaint because, in part, it is unlikely we will find fault and the organisation of elections is outside our legal remit.

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Investigator's decision on behalf of the Ombudsman