Parish Council Casual Vacancies: How to Fill a Seat Legally

A parish council seat becomes empty mid-term. What happens next depends on a single 14-day window — and whether 10 electors ask for an election before it closes. Get the sequence wrong and you risk a void appointment, a wasted election budget, or a complaint to the principal authority.

This guide explains what causes a casual vacancy, the statutory process for filling it, and where clerks most often go wrong.

What causes a casual vacancy?

Under section 87 of the Local Government Act 1972, a councillor's seat becomes vacant when they:

• Resign — the moment the written resignation is received by the proper officer
• Die — the date of death
• Are disqualified — after any appeal period has expired
• Move away — they lose qualification to hold office (ceasing to meet the conditions in section 79 of the Act)
• Fail to attend meetings — absent from all council meetings for six consecutive months without consent (the council must formally declare the office vacant)
• Were never qualified — the High Court declares the original election void

The council must give public notice of the vacancy as soon as practicable after it occurs. Notice goes on the noticeboard and, where the council has a website, online as well.

The 14-day election trigger

After the notice of vacancy has been given, registered electors have 14 days (computed excluding Saturdays, Sundays, Christmas Eve, Christmas Day, Good Friday, bank holidays, and any day appointed for public thanksgiving or mourning) to make a request for a formal election to fill the seat.

The request must be signed by at least 10 local government electors registered for the electoral area where the vacancy exists, and submitted to the proper officer of the district or unitary council — not the parish clerk.

If a valid request is received within 14 days, and the vacancy arose more than six months before the day the councillor would regularly have retired, the district council arranges a by-election. The parish council has no discretion at that point — it cannot override the request and proceed to co-option. (Inside that six-month window the position is different; see the exception below.)

If no valid request is received within 14 days, rule 5(5) requires the parish council to co-opt a person to fill the vacancy as soon as practicable after the 14-day period has closed.

The six-month exception. Both of those rules change for a vacancy that arises close to the end of the term. Under rule 5(3), an election "must be held, if requested in accordance with paragraph (2), if the casual vacancy ... occurs other than within six months before the day on which that councillor would regularly have retired" — so inside that six-month window a 10-elector request does not compel a by-election. And under rule 5(6), inside the same window rule 5(5) "shall have effect with the substitution of the word 'may' for 'must'; and any vacancy not so filled must be filled at the next ordinary election." Co-option becomes discretionary, and an unfilled seat simply carries to the ordinary election. Since a district council may — under Representation of the People Act 1983 s.36(5), "if the district council so require" — require the parish council to repay the cost of a by-election, this can be the difference between paying for an election and not.

Co-option after the 14-day window

Co-option is the simpler route, and for most councils with relatively small electorates it is also the more likely outcome. The council may invite applications from any person who is qualified to be a councillor — the same criteria as for election (age 18+, a registered local elector or living/working in the area for 12 months, not disqualified).

There is no statutory requirement to advertise the vacancy for a specific period before co-opting, but councils following the NALC model standing orders — which most do — typically include a requirement to give advance notice of a proposed co-option in the agenda.

The co-option is decided by resolution of the full council at a meeting. The person co-opted holds office until the next ordinary election.

For the full co-option process — notice of vacancy, advertising, declarations, and the induction steps after appointment — see our co-option guide.

Where clerks get it wrong

Starting the clock from the wrong date. The 14-day period runs from the date of public notice, not from the date the vacancy itself occurred. If you post the notice two weeks after the councillor resigned, the election window hasn't started yet.

Counting the days wrong. Under the statutory computation rule, Saturdays, Sundays, Christmas Eve, Christmas Day, Good Friday, bank holidays, and any day appointed for public thanksgiving or mourning are all disregarded. Forgetting that Saturdays are excluded is a common error — it can make you close the window too early. Check the computation rule carefully.

Failing to give notice. Some clerks skip public notice on the assumption that co-option is straightforward and no one will request an election. This doesn't extinguish the electors' right — it just means the 14-day period never starts running, and the council technically cannot proceed to co-option until the notice is properly given.

Co-opting before the 14 days are up. You must wait for the window to expire before resolving to co-opt. A co-option made during the 14-day period is arguably void.

Not checking qualifications. Someone who wants to be co-opted but is disqualified cannot be appointed. The disqualifications in section 80 of the Local Government Act 1972 include being the subject of a bankruptcy restrictions order or debt relief restrictions order, and a sentence of imprisonment of three months or more (without the option of a fine) within the five years before the day of election or since election. Council-tax arrears alone are not a statutory disqualification for parish councillors. Verify eligibility before the meeting, not after.

Vacant seats and the quorum problem

A council with a large number of unfilled seats may struggle to reach quorum. Schedule 12, paragraph 12 to the Local Government Act 1972 is an absolute bar, not a partial one: "no business shall be transacted at a meeting of a parish council unless at least one-third of the whole number of members of the council are present at the meeting; but, notwithstanding anything in that paragraph, in no case shall the quorum be less than three."

There is no residual category of business an inquorate council may still transact. Co-opting to fill the vacancy is business; resolving to arrange an election is business; both need a quorum like anything else. The only qualification paragraph 12 carries is paragraph 45, and that works by reducing the denominator where members are disqualified — it does not license business below the quorum.

That is precisely why Parliament put the remedy outside the parish council. Under section 91(1) of the Local Government Act 1972, "Where there are so many vacancies in the office of parish or community councillor that the parish or community council are unable to act, the district council ... may by order appoint persons to fill all or any of the vacancies until other councillors are elected and take up office." If your council has fallen below quorum, the step to take is to contact the district or unitary council — not to hold a meeting anyway.

What happens to the seat at ordinary elections?

A councillor who is co-opted into a casual vacancy serves only until the next cycle of ordinary elections for the council. At that point, their term ends regardless of when they were co-opted, and they must stand for election if they want to continue.

This is different from a full term. A co-opted councillor does not acquire a four-year term — they fill the unexpired portion of the term created by the original vacancy.

Annual governance statement and casual vacancies

The council's annual governance statement covers compliance with laws and proper practices. An incorrectly handled casual vacancy — co-option before the 14-day window closed, a public notice that was never given, an unqualified person appointed — could generate a "no" answer to the governance assertions if it came to light during the internal audit.

The compliance checklist tool covers the governance obligations across the full AGAR cycle. The AGAR preparation guide explains how the governance statement is completed and approved.

Sources

• Local Government Act 1972, section 87 — when a vacancy is deemed to occur
• Local Government Act 1972, section 89 — filling casual vacancies in parish councils
• Local Elections (Parishes and Communities) (England and Wales) Rules 2006 — election procedure including 14-day request window (rule 5)

This article is for general guidance only and does not constitute legal advice. For specific questions about your council's vacancy and the election or co-option process, consult your county association of local councils.