Decision details
Decision Maker: Assistant Director (Corporate Policy & Support), Corporate Director (Law & Governance) & Monitoring Officer
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
To postpone the scheduled annual State of Tendring District speech by the Leader of the Council from the full Council meeting on 31 March 2026, to the Annual Council meeting on 19 May 2026.
As such the decision is to apply the following provisions of the Council’s Constitution to the Annual Council meeting on 19 May 2026 on the basis that they would otherwise be contrary to the adopted Pre-Election Period Guidance:
· Part 4 of the Council’s Constitution establishes the procedure rules for Full Council meetings. Specifically, Rule 3 of Section 1 of that Part sets out the business to be transacted at Ordinary Meetings of the Council. This Paragraph requires that “At the last ordinary meeting of the Council in the municipal year, […] the meeting will receive the annual State of Tendring Statement from the Leader.”
· In addition, Council Procedure Rule 17 repeats the above provision and then sets out procedures relating to the Statement.
In making this decision, the Monitoring Officer has consulted with the Chairman of the Council who, in a Council meeting, and by virtue of Council Procedure Rule 25, has the right to rule on the interpretation of the Council Procedure Rules.
Reasons for the decision:
It is considered that the constitutional requirement to take the annual State of Tendring District statement from the Leader to Full Council at its meeting on 31 March 2026 would fall foul of established Pre-Election Period guidance and breach the Code of Recommended Practice on Local Authority Publicity.
Therefore, this constitutional requirement will instead be fulfilled at the next Full Council meeting outside of the pre-election period, in this case the Annual Meeting of the Council on 19 May 2026.
Alternative options considered:
Not rescheduling – this has been ruled out due to the risk of a breach of pre-election period guidance as set out in the Code of Recommended Practice on Local Authority Publicity and Pre-Election Period guidance, which is a requirement under Section 2 of the Local Government Act 1986 (as amended in 1988).
Re-scheduling to a later meeting (e.g. the ordinary Full Council meeting on 2 June 2026) – this was rejected as it is important the State of Tendring statement is conducted in a timely manner.
Publication date: 13/03/2026
Date of decision: 13/03/2026
Accompanying Documents:


