Agenda item

To note the Pre-Election Publicity Guidance produced for elections within the Tendring District ensuring that its contents are clear for Members in readiness for the May 2026 elections to Essex County Council.

Minutes:

Members heard that a Guidance Note that concerned publicity and resources had been routinely issued, to all District Council Members and Officers, in the run up to elections since 2014, in the format as shown in Appendix A of the Officer report (A.1). In readiness for the May 2026 Essex County Council elections, the Standards Committee was requested to provide any comments or seek clarification on the content of the guidance to ensure that it was clear, concise and easily understood. The Standards Committee feedback would be considered by the Chief Executive (who was also the Deputy Returning Officer for the elections) when issuing the revised guidance in March 2026.

 

The Committee was informed that the period just before local elections when there were restrictions on local authority publicity and rules concerning media reporting of the election campaign, was now known as the “pre-election period”, and commenced with the publication of the relevant Notice of Election. Whilst the upcoming election was not to Tendring District Council, given the close relationship, overlapping geography and number of anticipated candidates with Tendring connections, the provisions applied equally to the upcoming poll to Essex County Council. Likewise, several existing Tendring District Councillors held positions locally within registered political parties/groupings of independent candidates that were envisaged as standing in the election and that therefore necessitated these Protocol requirements being in place.

 

Members were also informed that, at all times, local authorities must ensure that any publicity complied with all applicable statutory requirements, including the Code of Recommended Practice on Local Authority Publicity (2011). Members were advised that particular care was required during periods of heightened sensitivity, such as the pre?election period, when these obligations became especially relevant. It was reported that, during this time, the Council would refrain from taking decisions or making policy announcements that were significant or potentially politically contentious. Members were further advised that, as with central government, “business as usual” would continue; however, in certain cases a local authority might act cautiously and defer decision?making until after the election had concluded.

 

The Committee was told that the Code of Practice made reference to the period before elections in paragraphs 33 – 35. Each local authority was able to adopt their own version of the convention in the period leading up to local elections. Paragraph 4 of the Code set out the following principles, which local authorities should follow:-

 

  • be lawful;
  • be cost effective;
  • be objective;
  • be even-handed;
  • be appropriate;
  • have regard to equality and diversity; and
  • be issued with care during periods of heightened sensitivity.

 

Members were made aware that the Guidance Note included:-

 

  • Introduction;
  • Summary of Key Points;
  • Duties of the Deputy Returning Officer;
  • Council Decision Making;
  • Publicity;
  • Use of Resources;
  • Security;
  • Questions and Queries; and
  • General.

 

The Monitoring Officer made the Committee aware that one of the Independent Persons (Shelia Murphy) had provided some helpful comments around making that paragraph clearer.

 

It was moved by Councillor Casey, seconded by Councillor Wiggins and unanimously:-

 

RESOLVED that the Standards Committee:

 

a)    notes the contents of this report, and following its consideration of the report, has no comments or recommendations to make to the Chief Executive prior to his approval and adoption of the Guidance but further notes that, with absence of the Chief Executive on leave, this delegation has now been given to the Monitoring Officer and the Assistant Director for Corporate Policy & Support;

 

b)    endorses the Guidance being circulated to all Tendring District Councillors together with a reminder of the contents of paragraph 3.8(b) of the Members’ Code of Conduct; and

 

c)    supports the Guidance being circulated to all Town and Parish Councils in the District.

Supporting documents: