Local Government Lawyer

Government Legal Department Vacancies


The Government has defended its use of the power to cancel local elections, arguing that the powers in this area are set out in legislation made by Parliament and “used only with strong justification”.

The statement from the Ministry of Housing, Communities and Local Government comes in response to a petition on the UK Government and Parliament website, which has been signed by more than 135,000 people.

The petition called for a change in the law “to remove the power of the Secretary of State to cancel any further forthcoming local government, metropolitan borough, London borough or any other elections, for example, but not limited to, those due in May 2026.

“Ever since 1918, the right to vote is sacred and inalienable. 2025 Elections in some areas were cancelled this year. We believe any further cancellations would be voter suppression and undemocratic. The will of the people of the nation must be heard.”

MPs are set to debate the petition after it passed the threshold of 100,000 signatures, but a date has yet to be set.

The Government recently used the powers to postpone elections  – which are set out in the Local Government Act 2000 – in February 2025, in order to allow the areas to focus on local government reorganisation.

The statement said the Government recently wrote to councils going through local government reorganisation that have elections scheduled for May this year to ask for views on postponing those elections.

It said: "No decisions have been made at this stage; all evidence and representations will be considered individually before any final decision. Any subsequent legislation would be subject to Parliament.

“The majority of local elections in 2026 are unaffected by local government reorganisation."

Commenting on the powers to establish unitary authorities, the statement added: "Parliament has also conferred powers on the Secretary of State to implement proposals for unitary local government under the Local Government and Public Involvement in Health Act 2007.

"These powers include provision for electoral matters. Again, while these powers sit with the Secretary of State, Parliament retains an oversight role through the statutory instrument process, ensuring democratic accountability.

"When these powers are used, it is typical to provide for elections to the new councils and to cancel any scheduled elections to predecessor councils that otherwise would take place at the same time."

The Government noted that it has set out its intention to use these powers to implement the proposal for two new unitary councils in Surrey.

"We will bring to the House, for approval, a Structural Changes Order, which will establish East Surrey Council and West Surrey Council," it said.

The statement also noted the Government’s announcement last month that it is minded to hold the inaugural mayoral elections for Sussex and Brighton, Hampshire and the Solent, Norfolk and Suffolk, and Greater Essex in May 2028, “so that areas will have completed the local government reorganisation, and establish the strategic authority before mayors take office”.

It added: “This is because devolution is strongest when it is built on strong foundations and moving forward we will want to ensure strong unitary structures are in place before areas access mayoral devolution.”

Adam Carey