Guidance for Returning Officers administering Local Government Elections in England

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The date a casual vacancy is deemed to have occurred

The table on this page provides a summary of the reasons a casual vacancy can occur and of the date the vacancy is deemed to have occurred in each case.

Reason for Vacancy Date the casual vacancy is deemed to have occurred
Death of an elected member1 The date of death of the councillor.
Resignation2 Date the written resignation is received by the Proper Officer.
Failure to accept office3 - Principal area council Two months after polling day
Failure to accept office - Parish council Immediately after the first meeting of the parish council, unless that meeting agrees that the acceptance may be made at a later meeting (in which case, immediately after that meeting).
Failure to accept office - Local authority mayoral election Two months after polling day.
Failure to attend meetings4 Date the local authority declare the elected member has failed to attend meetings for six months.
Otherwise disqualified or no longer qualified5

Date that a High Court or local authority declares that an elected member is disqualified or is no longer qualified.

Or if after a conviction, when the time period for an appeal has elapsed or, if an appeal is made, when the appeal is dismissed.
Election court decision6 Date of the certificate by an election court that the election was void. 

 

Last updated: 4 November 2022