Elections but no nominations for inquorate parish council

Question

My parish council has now been inquorate for nearly 3 years with all councillor positions vacant following disqualification (s.85 LGA 1972). In early 2022, the principal authority stated it would reconstitute the parish council (s.91 LGA 1972). That said, the parish council continues to be inquorate and now has no clerk.

In May 2023, local elections were held and the returning officer did not receive any nominations for the vacancies. As a result, a by election is to be held in late June 2023, but the returning officer has not received any nominations for the vacancies.

What will the principal council do next as it appears they are reluctant to appoint persons to fill all or any of the vacancies?

Many thanks.

Sam

Answer 1

Almost the same thing occurred where only four town councillors were returned this May election.

Can the situation be attributed to apathy or a discontent of all levels of public bodies. After a second ballot the original councillors declared to return and know back to the status quo.

Comments

That is unusual.

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Very unusual, circumstances will become clear when the Chair gets elected.

Answer 2

Out of interest are the residents paying a precept ?

It seems to me the only solution is to wind the Parish Council down as it’s happened in the past

Comments

Yes, residents continue to pay a precept.

Relatedly, the principal authority are paying the precept into a bank account where they admit, they do not know who has control over it.

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I’d write to the Monitoring Officer and ask by what legal basis you are paying a precept which has not been approved and ask for a refund
It might galvanise them into action !

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Thank you for your advice.

I have no doubt that such a question would be deemed as vexatious by this principal authority's MO.

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In reply to Jules comment....

Unless ALL of the precept paying public challenge the EA on the basis that there is no authority for the levying of a precept (setting aside for the time being that there can, by definition, be no effective financial control either) then it is apathy of the tax paying public.
All I can say is, if that was MY money I'd be playing up merry bloody hell!

Answer 3

You could ask your principle council to make your Parish Council, a Parish Meeting which has slightly different rules but the Chair can also be the Clerk and you only need one person and only need to meet once a year (I think but check the rules).  Following a similar scenario near me at the elections last year a small Parish Council did exactly this, maybe it is something you could consider so you are not in limbo.

Comments

Thanks for your reply.

Would the parish council require dissolving in the first instance?

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It’s a perfectly reasonable question to ask as my understanding is that the precept can only be levied when voted on by a quorate Parish Council
You wouldn’t expect HMRC to increase your tax rate without the agreement of Parliament
If as you seem to indicate your MO is awkward copy your Borough Councillor in

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According to the principal authority, in the absence of receiving a request from the parish council, they can collect a precept equal to the previous year's precept amount and then pay into a bank account (where they do not know who has access to or control over it).

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If they use the word “ can” it means they have a choice I’d  issue an immediate freedom of information request asking why they’ve chosen to do this, how they arrived at the figure and what statue allows them to charge you
If you need a hand wording it send me a message

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I will contact the MO as advised. Many thanks for your kind offer of further assistance.