Political stalemate over election of leader prompts monitoring officer to warn of Section 5 report

Councils have a statutory duty to elect a leader and have legal duties to operate effective executive arrangements under sections 9B and 9C of the Local Government Act 2000.

But members have been unable to agree on a leader since the May local elections, which saw the previous Labour administration fail to win any seats and the council go to no overall control.

Reform UK won the most seats at 29, followed by 12 Greens, nine Conservatives and five Liberal Democrats. Independent groups made up the remaining 15 seats.

The council has now met twice to attempt to agree on its leadership. It has appointed all of its formal committees and committee chairs, but has been unable to come to a consensus on its executive arrangements.

Members will meet again on Wednesday (15 July) to vote on who should lead the council. They will also consider a report from its monitoring officer, Samantha Lawton, which warns of a public statutory report under Section 5 of the Local Government and Housing Act 1989 should the political stalemate continue.

“Voting against proposals, knowing that the result means that no Leader is elected is incompatible with Members’ obligations under the Code of Conduct, as failure to elect a Leader is likely to bring the Council into disrepute,” her report adds.

In the absence of a leader, Kirklees’ Chief Executive, Steve Mawson, is currently taking decisions necessary for the safe and legal operation of the local authority. However, the monitoring officer’s report notes that this is a short-term measure.

It says: “Such long-term reliance on this short-term mitigation may not protect the Council or its officers against a subsequent challenge.

“Members must now elect a leader so that [the reliance on the chief executive] can cease as soon as possible. The failure to elect a Leader increases the risks of legal challenge around decision making.

“A further risk is that, if services are compromised as a result of the lack of executive arrangements, the Council could face further judicial review claims, and/or claims for damages if people suffer losses as a result.”

According to the report, external auditor Grant Thornton has threatened to issue a Public Interest Report by the end of the month as a result of the failure to elect a leader. This is the first step towards Government intervention.

A letter to members from Kirklees’ chief executive sent on 22 May notes that the lack of a leader means the council’s interests are not represented on the West Yorkshire Combined Authority.

He also warned of intervention, stating: “If a council is not operating under a clearly established executive governance model for an extended period, there is a potential risk of external concern regarding governance stability and decision-making capacity. In such circumstances, where there is evidence of governance failure or an inability to discharge statutory functions effectively, the Secretary of State, via the Ministry of Housing, Communities and Local Government (MHCLG), has powers to intervene.

“This can include the appointment of commissioners to exercise certain functions of the authority to ensure lawful and effective administration.

"In light of the above, Members are therefore strongly encouraged to continue discussions — including potential agreements, coalitions, or other arrangements — to secure a Leader who can command the confidence of a majority of Council.”

The circumstances at Kirklees echo those at Oldham Council, which was also warned of a potential section 5 report over its inability to agree on a leader.

In a letter to members earlier this month, Oldham’s monitoring officer said the impasse was “no longer simply a political matter” but was a matter of “legal compliance, statutory governance and the Council's ability to continue operating lawfully”.

Adam Carey