The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint the Council’s returning officer is acting unlawfully in refusing to hold a vote on a local fair. We do not have the legal power to investigate a complaint about a legislative rather than an administrative decision. We cannot lawfully investigate a complaint which affects ‘all or most’ of the people in the area.
The complaint
Mrs X complains the Council’s returning officer is failing to follow the law and has wrongly refused to organise a vote to establish public views on the Appleby Horse Fair. Mrs X says last year the fair cost the taxpayer about £500,000. She says the Fair is dangerous and she feels vulnerable.
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 a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended) We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
How I considered this complaint
I considered information provided by the complainant.
My assessment
I cannot investigate this complaint for the following reasons: The Ombudsman cannot investigate actions which are not administrative actions of the Council (see paragraphs 2 and 3 above). The Council is not responsible for the returning officer decisions. The returning officer acts in an individual capacity under designated legislative powers.
The Ombudsman cannot investigate a complaint about the use of taxpayer’s money which affects ‘all or most’ of the people in the area (paragraphs 2 and 4).
Final decision
The Ombudsman cannot investigate Mrs X’s complaint that the Council’s returning officer is acting unlawfully in refusing to hold a vote on a local fair. We do not have the legal power to investigate a complaint about a legislative rather than an administrative decision. We cannot lawfully investigate a complaint which affects ‘all or most’ of the people in the area.
Investigator's decision on behalf of the Ombudsman