The Ombudsman's final decision
Summary: We cannot investigate Miss 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, Miss X, complains about delays in the issue and delivery of overseas postal votes. 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
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 council. (Local Government Act 1974, section 26(1) as amended).
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of Returning Officers. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by Miss 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 a 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