Summary: We cannot investigate this complaint about decisions made by the Returning Officer. We have no power to look at the actions of the Returning Officer.

The complaint

1. Mr X complains about decisions made by the Returning Officer related to elections staffing. He says the decisions are unfair. He wants the Returning Officer to apologise and change their decisions.

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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 councils and certain other bodies. We cannot investigate the actions of Returning Officers. (Local Government Act 1974, sections 25 and 34A, as amended)

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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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My assessment

6. Elections are conducted under the authority of a Returning Officer. Although this is usually a senior council officer appointed for the purpose in elections, when they are acting as a Returning Officer, they are not a Council employee. The Ombudsman cannot look at the actions of the Returning Officer.
7. This complaint relates to the appointment of staff to administer elections. The responsibility to appoint staff falls to the Returning Officer. Therefore, we cannot investigate this complaint.

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Final decision

8. We cannot investigate Mr X’s complaint because we cannot look at the actions of the Returning Officer.

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Investigator's decision on behalf of the Ombudsman