Co-option of parish councillors

Question

IF a Parish Council has 2 vacancies to be filled by co-option, are advertised in the community newsletter, applications sent out with a 'return by' date, and 2 valid applications are received by a deadline is there any reason why those valid applications should be rejected and nominations reopened to permit a late, and incomplete, nomination to proceed?

Answer 1

Depends on whether you have a co-options policy and what it says. If you have set a deadline for applicants then that deadline should stand and preclude late applications. Should one of the on time applicants subsequently be found not to qualify or be unsuitable for co-option then effectively the late applicant can be informed of their "application" being held on file( with their approval of course) for a future vacancy when and if it occurs.

Answer 2

Councils now have to have a very good reason to reject Councillors standing for co-option, and if you have a deadline then that is it, apologies but it was submitted late.

Answer 3

If a council rejects a candidate, it should be willing to explain its decision. If it fails to do so willingly, it would have to answer a Freedom of Information request.  This normally allows the unsuccessful candidate to issue civil proceedings for libel.

The law requires vacancies to be filled by co-option at the earliest opportunity, so if you have candidates who are not disqualified by statute, you co-opt them.

Comments

It would be interesting to see somebody challenge a failure to co-opt an eligible candidate on the basis that it runs contrary to the Nolan principles. Selflessness (in the public interest), Objectivity (without discrimination or bias), and Leadership (treating others with respect).

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How would you challenge this?

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This would be a code of conduct complaint to the Monitoring Officer at the District Council (or equivalent), but in the first instance, I'd write to the Chair of the Council informing him or her that the Council's actions may be contrary to the Nolan principles and setting out the basis for this assertion.

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Dave the only flaw with your plan is that Nolan only covers individual Councillors and the PC is a corporate body so who would you report and what for
In theory but I doubt in practice it would be the Electorial Commission

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I'd report each councillor who took part in the vote to reject the candidate, or preferably those who voted against it if that information is known.