Milton Keynes Council (24 015 680)

Category : Other Categories > Elections and electoral register

Decision : Closed after initial enquiries

Decision date : 29 Jan 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about an alleged error on the Council’s electoral register. We are unlikely to find fault.

The complaint

  1. Mr X complained he was removed from the Council’s electoral register between June 2023 and August 2023. He says this is affecting his credit rating.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
  2. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Representation of the People Regulations (England and Wales) 2001
  3. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council says it sent Mr X a postal voting pack in April 2023, it says it received the pack back as return to sender.
  2. The Council says it sent a review pack to Mr X’s address as required by the Representation of People Regulations 2001. It says it received no reply to the review after the required 14 calendar days.
  3. The Electoral Registration Officer removed Mr X from the electoral register in June 2023.
  4. The Council chose not to use Mr X’s email before deletion. The Electoral Commission say confirmation before deletion can be made using an elector’s email, however this is not a requirement.
  5. The Council says it sent an electoral canvass form to the address in July 2023. It says it received an electoral canvass response from Mr X in August 2023. The Council added Mr X back to the electoral register.
  6. Mr X says that removal from the electoral register between June 2023 and August 2023 is affecting his credit rating.
  7. Mr X says he has been advised by a credit agency of the evidence he can provide to show he was living at the property, and that lenders are able to see his address information back to 2018.

Analysis

  1. The Council says it followed the regulations before it deleted Mr X from the electoral register. An investigation by the Ombudsman is unlikely to find fault in the way the Council acted.
  2. The Council says it cannot amend historic versions of the electoral register. We are unlikely to be able to achieve the outcome Mr X seeks.

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Final decision

  1. We will not investigate Mr X’s complaint because we are unlikely to find fault in the Councils actions and we are unlikely to achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman

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