Can a resident call a by election for a vacancy if it has not been filled by co-option?

Question

Someone I know volunteered to join our Parish Council. The Council decided that there could be a conflict of interest as he was the chairman of the local village hall, and so they didn't co-opt him on. Strangely, one of the councillors is also chairman of a different village hall, (both fall in the same parish) yet he is allowed to be on the Parish Council. Hmm. So there have been at least three vacancies for a few months, and no vacancies have been advertised specifically as only 7 out of 12 were elected at the election in May. Well, not elected, as there weren't enough people standing, so they all just got on without any contest. So my question is, can  a resident call a by election by getting 10 residents to sign a petition at this point, or does the 14 day rule apply even where there has been a vacancy for a long period of time?

Answer 1

Where there are vacancies because too few candidates were nominated, and sufficient councillors have been nominated to make a quorum, then the council should co-opt additional members to make up the numbers. When a casual vacancy occurs the council must declare the vacancy within a reasonable time. In the following 14 days, ten electors of the parish can demand a poll. Otherwise, the vacancy should be filled by co-option. That is the 14 day rule, as you indicate.

So, once the 14 day period has elapsed after the declaration of a vacancy, there is no option to demand a poll. However, the council should be taking steps to find suitable candidates for co-option. If it is not acting reasonably, you could raise the matter with the Monitoring Officer, who is probably the senior legal officer of the district council. They may wish to exert pressure on the council to take steps to fill the vacancies.

Wanting a poll does imply that there are available candidates. If that is the case, they could put themselves forward for co-option, which might encourage the council to get moving!

Comments

Thank you for your reply. Is it unreasonable for them to have refused someone on the basis of them being the chairman of a village hall association? It worries me that the door seems to be only open to a certain type of person.. one who is not going to raise objections to any of their dodgy initiatives or decisions.

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I sympathise very much, but there is no way to stop a council making what seem to others (and may well be) unreasonable decisions. Co-option is clearly a very second rate way of appointing councillors. The problem is that polls are expensive, and apart from the regular elections every four years, are charged to the parish. It's not unusual for some councillors to resign between the regular elections, and holding a poll every time would be prohibitively expensive. However, there are circumstances where it is reasonable for citizens to demand a poll, despite the cost. Unfortunately, you don't currently have the option. I'm afraid the only real solution is to get together some good candidates for the council, and either demand a poll if another vacancy arises, or put them up at the next regular election. Poor councils can be turned round, but it does take willing people and perseverance! Keep trying!

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Thanks again counterpoint! If a vacancy arises and citizens demand a poll, is the poll for just that one vacancy that arose by a councillor resigning, or could it be for the other vacancies at the same time if enough citizens stand?

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If a poll is demanded in relation to a new vacancy, then the election procedure will go into effect for all current vacancies. The election will be announced and a date set (in accordance with legislation) by which nomination papers must be received and a date set for the poll. If there are more valid nominations than vacancies, then the poll will go ahead. Otherwise, all the people will valid nominations are automatically appointed.

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What if there are more nominations than there are vacancies? Are the places being voted for only for vacant seats? The other Councillors were not 'elected' as such in the last election as their seats were uncontested. Are their seats safe in this new poll?

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Yes, councillors who are already appointed normally retain their seats until the next periodic election, every four years, or until they resign. That is true whether they joined the council through nomination for election or through co-option. The exceptions are things like becoming personally bankrupt or being convicted of a serious criminal offence.

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Thanks for your very clear comments. Fingers crossed for a resignation in the near future..

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I have written to our County Council's Electoral Services dept with this query:
"Could you  confirm  that if an election is called it would be for all vacancies in all 3 wards of a Parish Council, and that if there are vacancies on all three wards (as there are currently), is a separate petition required for each ward?"
And received this response:
"Should a vacancy arise as you have indicated then a Notice of Vacancy will be produced for that vacancy only and any resulting petition to call an election will only be for that one vacancy.  The current vacancies remain with the Parish to deal with under their co-option procedures."
Are they wrong?