Summary: We will not investigate Mr X’s complaint about matters related to his relatives’ proxy and postal votes in the 2024 general election and the Council’s handling of his complaints. We could not add to the Council’s investigation or achieve a different outcome.

The complaint

1. Mr X complains on behalf of his son, Mr Y and his daughter, Ms Z. He says issues with the Council’s systems and procedures meant they were unable to vote in the 2024 general elections. He also complains about the Council’s communication and handling of his complaints.

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The Ombudsman’s role and powers

2. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its complaint responses, the Council accepted faults in its software systems and inadequacies in its overseas elector process which impacted Ms Z’s vote.
7. It outlined steps it would continue to take to improve its systems to ensure efficiency for the next election. It also said the government as well as the Electoral Commission were considering changes to make the registration and voting process for overseas voters easier, with clearer government advice and more voting options available.
8. The Council also acknowledged it received Mr Y’s postal vote after the election. It explained its role in the process and said late postal voting was a national issue which the government and the Electoral Commission have raised with the postal services provider.
9. I appreciate Mr X remains unhappy, but we could not add to the Council's investigation on the matter or achieve a different outcome. Therefore, I will not investigate Mr X’s complaint.
10. The Council apologised to Mr X and made a symbolic payment to remedy the distress caused by its handling of his complaints. It would not be a good use of public resources to investigate these matters further.

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Final decision

11. We will not investigate Mr X’s complaint because we could not add to the Council's previous investigation on the matter.

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Investigator's decision on behalf of the Ombudsman