The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about delays in the postal voting process for the 2024 general election. This is because the Returning Officer is responsible for the management of postal votes and their actions are not within our jurisdiction to investigate.
The complaint
The complainant, Ms X, complains about delays in the issue and delivery of her overseas postal voting pack. She says that as a result of the delays she was unable to vote in the 2024 general election.
The Ombudsman’s role and powers
We investigate complaints about councils and certain other bodies. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate the actions of Returning Officers. (Local Government Act 1974, sections 25 and 34A, as amended) We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
Final decision
We cannot investigate this complaint. This is because the management of the postal voting process is a matter for the Returning Officer and they act in a personal capacity rather than on behalf of the council. The actions of Returning Officers are not therefore ‘administrative functions’ of the council and so are not subject to investigation by the Ombudsman.
Investigator's decision on behalf of the Ombudsman