The Ombudsman's final decision
Summary: We will not investigate this complaint about an election candidate’s campaign statements and eligibility. This is because these are not administrative functions of the Combined Authority.
The complaint
Mr X complains about a candidate’s conduct during the mayoral election campaign.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate complaints about actions which are not the administrative function of a combined authority. (Local Government Act 1974, section 26(1) as amended).
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains the candidate misled voters with statements about matters outside the mayor’s remit and may not have met residency rules for candidates. He also complains the Combined Authority’s reply to his concerns did not properly address the points he raised.
A candidate’s campaign statements are not administrative functions of the Combined Authority.
Issues about a candidate’s residency or eligibility for election are also not administrative functions of the Combined Authority. The organisation of the election was the responsibility of the Returning Officer. The actions of Returning Officers are not administrative functions of the Combined Authority, so we cannot investigate them.
Final Decision
We will not investigate Mr X’s complaint because it is about matters that are not administrative functions of the Combined Authority.
Investigator's decision on behalf of the Ombudsman