CASUAL VACANCY ELECTIONS

Question

I am still receiving abuse on social media about events that happened several years ago and would appreciate a legal opinion .  Basically  after I resigned as a Councillor because of  an argument with the clerk, some of  my fellow Cllrs persuaded me to apply for my own casual vacancy.  At about the same time (not sure of precise dates) another Cllr resigned but the clerk issued the CV notices simultaneously  ie together in one batch.  I was then elected unopposed at the called for  election but then the District re-advertised the election for the second vacancy.  This continued for a couple of years and  for each ongoing  election's expenses our PC received  a bill.  The District Council when approached said that when the election was called for it was for two vacancies and that process carried on until both posts were filled.  I cant find anything to opine on this situation one way or another .  So the question is if there is a casual vacancy bi- election which  results in unfilled seats does it legally need to be re held . It certainly doesn’t for the main election so why for a bi election?

Answer 1

The simple answer is yes. Once a casual election has been called, the position must be filled by election. Co-option is only used when no election has been called. I'm surprised that your district council is charging you for election expenses with no candidates, as there is no work involved apart from issuing a notice etc.

What is less clear is why an election was required in the first place. Was a petition submitted by electors requesting this? If not, the position should have been filled by co-option from day one. As a Clerk, I do not issue vacancy notices. I advise the elections officer at my district council and they issue the notice to ensure that it complies with the relevant legislation.

Comments

Interesting DTC .  My District Council say that PCs alone must issue CV notices but they have no legal requirement to copy it to them .  They only become involved when electors demand an election. That is their reading of the legislation.   The original election was called by me applying for my own vacancy . Unfortunately the clerk had issued two CVNs at the same time .  Moral of the story is issue CVNs individually!!  If you use your argument how come unfilled  seats can be filled by co option after the 4 yearly elections (or arent they vacancies as such )?

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Vacancies after scheduled elections (i.e. insufficient candidates) are treated differently, presumably due to the fact that the electorate has just been presented with a well-publicised opportunity to have its say and the newly-elected councillors need to be allowed to get on with the job in hand.

The notice of vacancy I use for casual vacancies, issued by my district council, outlines the reason for the vacancy and gives electors 14 working days to petition for an election, after which the parish council will be asked to fill the vacancy by co-option. This is posted on the parish and district council websites, parish notice boards and I believe the district still place it in the local newspaper announcements column, although I don't get the paper so I can't be sure on that. Electors can't petition for an election until after this process has been actioned, so leaving it to the parish makes no sense.
I see no reason why you applying for your own vacancy would trigger an election. On the day you resign, you become an ordinary member of the public.

The legislation requires the notices to be issued immediately, so unless the two vacancies occurred at the same time, the notices should have been published separately.

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Clearly different EROs interpret the law differently.  And one type of vacancy is different than another .  Confusion reigns.  Anyhow I took advice from this board about how to get back on the Council after resigning by applying for my own vacancy and it worked .  The blaming of me for the additional £1233 costs for 8 further elections incurred  was just part of their revenge . All good fun

Answer 2

Sample Notice of Vacancy

NOTICE OF VACANCY
IN THE OFFICE OF COUNCILLOR
for the
TOYTOWN PARISH COUNCIL

NOTICE IS HEREBY GIVEN that due to the resignation of Councillor Michael Mouse, a vacancy has arisen in the office of Councillor for the Toytown Parish Council.

If by the 20 February 2023 (14 days# after the date of this Notice), a request for an election to fill the said vacancy is made in writing to the Returning Officer at Big Council HQ by TEN electors of the Toytown Parish Council, an election will be held to fill the said vacancy, otherwise the said vacancy will be filled by co-option.

The Returning Officer’s address is Electoral Services Office, Big Council HQ, Pothole Road, Toytown, TT1 1HQ.

This notice is dated 31 January 2023.

Fat Controller

Clerk to Toytown Parish Council

# In computing any period of time for this purpose, a Saturday, Sunday, day of the Christmas Break, of the Easter break or of a bank holiday or day appointed for public thanksgiving or mourning must be disregarded.

Comments

"an election will be held to fill the said vacancy, otherwise the said vacancy will be filled by co-option".   What  does this say about a vacancy which generates no candidates ? Does it say that an (in the singular) election will be held or multiples elections until its filled .  The co-option bit of course refers situation which an election is not demanded.  Personally I don't think  anybody envisaged an election being called that might not attract candidates
It can of course happen if there happens to be more than one vacancy
ElectionDateResultRecharge
Long Ashton Long Ashton ward,
(Election for 2 parish councillors)09.12.2021Uncontested£122.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)10.02.2022Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)10.03.2022Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)31.03.2022Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)14.04.2022Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)09.06.2022Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)14.07.2022Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)11.08.2022Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)29.09.2022Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)03.11.2022Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)15.12.2022Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)02.02.2023Uncontested£92.00
Long Ashton Long Ashton ward
(Election for 1 parish councillor)16.03.2023Uncontested£92.00

https://www.bbc.co.uk/news/uk-england-somerset-64175159

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It's a lifelong commitment. An election will be held, this year, next year, the year after, right up until the next scheduled election. In common with many aspects of local council legislation, there seems to be an assumption that everybody over the age of 18 will be striving for public office to do their bit for their local community. That may have been the case in 1972, but in 2025...?

Perhaps when these new unitary authorities fail to deliver local democracy, more power (and cash) will be placed in the capable hands of the local councils, generating a much-needed reboot for the sector.

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Just a thought DTC .  If you have two CVNs do you need 10  electors for each one  ??

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If the vacancies occur on different days, they should be treated individually. If they occur on the same day (mass walkout for example), they can be taken together. The notice can have more than one vacancy on it in this scenario.

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Interesting . I know individual notices were issued on the same date and I am sure the electors wrote about one CVN.  Think I will try it on with the ERO ie they called for an election on one notice only