Residents - vote of no confidence

Question

Hi,
How do we table a vote of no confidence in an inept councillor?

I have read previously, 6 local electors are required, but now believe this only applies to a parish council.

What is the procedure for a city council (one of the largest in the country)?

Regards,

Answer 1

The only effective method of a vote of no confidence is at the ballot box come the next election. You can voice your dissatisfaction by writing to the council with factual based details of failure rather than emotion and link these point to a failure to meet the code of conduct requirements which all councillors sign up to. Unfortunately in reality even a finding of failure of a councillor by an investigation by the Monitoring Officer of the county council will have very little teeth to bring about meaningful changes.

Answer 2

Town Councils & Parish Councils are subject to the same legislation and scope of operations, but what do you mean by a "city" council?   Is the one you refer to on this list  - if so the parish Council option of calling a local referendum would not apply  If not then 6 Local  Electors could call a Parish meeting and have a referendum on the Cllr.  But even if there was overwhelming support for removal, it would have no legal standing.. https://www.local.gov.uk/our-support/guidance-and-resources/communications-support/digital-councils/social-media/go-further/a-z-councils-online

Comments

Following on from the last comment(Graeme) councillors are elected and can only be removed if they contravene the eligibility to stand or are voted out at an election.

---

Thanks for the replies,

Yes the council is on the list (birmingham city council), in which case, this confirms my initial assumption.
What is the alternative procedure here, to raise a vote of no confidence?

To provide some context, we are looking to hold our inept councillors accountable on the grounds of contravening the council code of conduct.
The code of conduct being a provision made in the localism act 2011.
Thereafter tabling a resolution of no confidence in the said Councillors and request they resign.
Failing that escalate to our local MP and upto the secretary of state.

I'm aware any resolution we pass will be non-binding on the council.

Please feel free to correct me, if I've got any of this wrong or if there is a better alternative.

---

Birmingham City Council is a principal authority and is not subject to the exactly same legislative provisions that apply to Town & Parish Councilors.  Unfortunately from your perspective, a councillor cannot be removed from Office for breach of the code of conduct or alleged breach of it.   If you want to continue on a matter of principle, you could try the link but it would end up being a largely symbolic gesture.   https://www.birmingham.gov.uk/info/20146/consultation_and_engagement/702/petitions

---

Thanks Graeme_r,

Are you able to answer my original query, of how do we as residents table a resolution?
As you mentioned BCC is a principal authority, and therefore the process previously mentioned will not apply.

---

A resolution is a collective decision or approval given by councillors. So you can't table one. I still think a petition is your best option. There is no obvious legislative process I can think of that would help you achieve your aims.

---

What specific action by the councillor do you think has breached the code of conduct as per link? Being judged to be inept isn't in itself a breach.  https://www.birmingham.gov.uk/downloads/file/782/code_of_conduct_for_members_and_general_guidance

---

Yes, i'm aware a resolution is a collective decision.
If the process exists for a parish council, surely an equivalent exists for a city council, no?

Yes, being inept in itself is not a breach.
This was just the general wording i used in the original comments, as i didn't want to make the post too long.

---

There isn't a process for a person or people who are not elected as Councillors to pass resolutions on behalf of Parish Councils. Town Councils, Borough Councils, County Councils, Metropolitan Councils, District Councils or Unitary Councils.  It is possible for electors within a Parish to hold a Parish meeting and implement a Parish Poll to hold a referendum calling for the resignation of a Parish or Town Councillor, but even if the referendum overwhelmingly supports the resignation, it is not enforceable by any legislation. There is no provision for electors within a borough to hold a meeting which can authorise a referendum calling for the resignation of  a councillor from Borough Councils, County Councils, Metropolitan Councils, District Councils or Unitary Councils.

---

Sorry to join this so late but Graeme_r, in your last sentence, you speccifically list the Councils for which there is no provision for electors to hold a meeting which can authorise a referendum calling for the resignation of councillors but does this apply to Parish Councils as well as you do not mention them?
Thanks.

---

It is possible to call for a referendum for a councillor of a Parish or Town Council to resign via a parish poll at a Parish meeting. Town and Parish councils are effectively the same from a legislative perspective and both serve a Parish.

---

Sorry again, but as my "handle" on here suggests, I am new to all this. Thanks for your reply but is it still the case that even if a referendum for a councillor of a Parish Council to resign has the necessary number of votes, it cannot force said councillor TO resign?

---

That is correct the referendum outcome  would not be binding.