Guidance for Returning Officers administering Local Government Elections in England

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Unfilled seats at a council election

If after the deadline for withdrawals, there are fewer validly nominated candidates than seats available, all the remaining validly nominated candidates must be declared elected.1 The seats that remain unfilled must be filled through a by-election.2 The Returning Officer must choose a date for the by-election where the polling day will be within 35 working days of the date that would have been the polling day if the election had been contested.3

Where there are not enough validly nominated candidates at the ordinary election of a parish council, those candidates who are validly nominated are elected without a contest.4
 
If the parish council is quorate, i.e. at least three and at least one third of the total seats on the council are filled, the elected councillors may co-opt councillors to fill the remaining seats.5
 
If after the deadline for withdrawals at a by-election for a parish council there are not enough candidates to fill the vacancies, any validly nominated candidates remaining are declared elected but a new election must be held for the remaining vacancies.6 The polling day for the new election must be within 35 working days of the date that the polling day would have been held if the first election was contested.7
 

Power of the relevant principal council

Principal area councils have a specific power to ensure a parish council can operate. This power can be used when: 

  • a parish council is not quorate after the ordinary election, and consequently cannot proceed with co-option nor carry out any business
  • a parish council is quorate after an ordinary election but has not filled any remaining vacancies by co-option within 35 days from the date that would have been polling day
  • a parish council becomes inquorate (e.g. due to a number of resignations) and the council cannot operate

In these circumstances the relevant principal council (i.e. a district or unitary council) may:8  

  • by order, make direct appointments of people as parish councillors
  • do anything necessary or expedient for the proper holding of the parish council meeting and properly constituting the council
  • direct that a new election is held to fill the remaining vacancies, and fix the date for that election.

The principal council must not exercise this power within 35 working days of the ordinary date of election and may allow a parish council a period longer than 35 working days to fill vacancies by co-option.

Last updated: 4 November 2022