Are these matters potential breaches of the LGA 1972 following a by election?

Question

A by election date was made for 3 July 2023 by the principal council. Messrs A, B, C and D were duly elected on 6 June 2023 as councillors on the parish council without contest. On 17 July 2023, Councillors A and B called for an extraordinary meeting to be held on 24 July 2023 (the first meeting to be held since the election). At the meeting, Councillor C was elected as Chair and Councillor A as Vice-chair. Councillors A, C and D delivered their declaration of acceptance of office during the meeting. There was no clerk present at the meeting, and Councillor B did not attend. The minutes of the meeting confirm there was no decision to allow further time for Councillor B to deliver their declaration of acceptance of office. At an ordinary meeting on 14 August 2023 and just before it commenced, Councillor B delivered their declaration of acceptance of office. No annual meeting has been held since the election.

In light of the above information, I would be most grateful for any advice as to whether there any potential breaches of the Local Government Act 1972 etc.

Many thanks.

Sam

Answer 1

As a matter of interest, did councillors A and B sign their declaration of acceptance of office before or after calling for an extra-ordinary meeting?

Comments

Hi John1706

They both signed their declarations after calling for the extra-ordinary meeting (Councillor A signed and delivered their declaration during the meeting, and Councillor B signed and delivered their declaration at the subsequent meeting in August).

Answer 2

Did you have an annual meeting of the Parish Council in May 2023? Was a chair elected? Did that chair subsequently resign? Without the information above it is difficult to give something definitive. Why didn't your Clerk get the coopted councillors to sign their declaration of office as soon as possible after the election result was declared?

Comments

Hi Graeme_r

Prior to the by election on 6 June 2023, the council were inquorate as the councillors had been disqualified some 18 months earlier. Consequently, no annual meeting was held in May 2023 or since. The previous Chair did not resign as they were disqualified. In respect of the clerk and signing of the the declarations by the newly elected councillors (not co-opted), the former clerk resigned in 2021 and therefore the council no longer had a clerk. A locum clerk was subsequently employed by the council in September 2023.