Is there a default policy on 'first elections' following the statutory election to the Parish Council

Question

A statutory election was held in May with 5 members elected uncontested. Vacancies were immediately advertised in the village magazine and facebook account, but not on Aldbury Parish Council's website or on their physical noticeboard. I didn't get the magazine or look at facebook so was unaware of the adverts. At the first meeting of the Parish Council the Chair-elect turns up with 3 additional candidates. I questioned why the Chair-elect was not following the co-option policy and was basically told they could do what they liked for the 'first election'. The Clerk said there was a default customary policy.

Has anyone come across a similar situation, and, is there either; custom, legislation or a default policy to cover this situation?

Answer 1

The legislation doesn't really help with this. Section 21 of the Representation of the People Act 1985 states:-

21 Ordinary elections of parish and community councillors: insufficient nominations.

(1) This section applies where, at an ordinary election of parish or community councillors in England and Wales, an insufficient number of persons are or remain validly nominated to fill the vacancies in respect of which the election is held.

(2) Unless the number of newly elected members of the council in question is less than the number that constitutes a quorum for meetings of the council—

(a) those members may co-opt any person or persons to fill the vacancy or vacancies remaining unfilled.

It goes without saying that a council with a co-options policy should follow its co-options policy when co-opting, but there is no specific legislation in this regard.