Kirklees Council has been warned that continued failure to elect a leader could ultimately result in intervention from central government, as concerns grow over the authority’s ability to operate lawfully without executive leadership.
A report published by Kirklees Council’s Monitoring Officer, Samantha Lawton, has outlined the potential consequences of the ongoing political stalemate, which has left the authority without a leader since May’s local elections.
The council has twice failed to elect a leader after the all-out elections resulted in no overall control. Votes held on May 20 and May 28 both ended in a 29-29 tie between Green Party leader Andrew Cooper and Reform UK leader Sarah Wood.
A further vote is scheduled to take place at a full council meeting on July 15.
In her report, Ms Lawton said it was “essential” that the authority elect a leader in order to continue operating within the law. She warned that the council’s failure to establish executive arrangements could expose it to legal challenges and judicial review claims.
The report states: “If the Council continues to fail to elect a Leader, the Council could face a claim that failure to operate executive arrangements is unlawful and a breach of its statutory duty.”
It adds that the absence of a leader increases the risk of legal challenges surrounding council decision making and could potentially lead to claims for damages if services are affected and residents suffer losses as a result.
The report also highlights growing concerns from external auditors, who are considering whether a statutory Public Interest Report should be issued. Such reports are reserved for matters considered to be of significant concern and can trigger increased scrutiny of a local authority’s governance and decision-making.
While no intervention from government ministers is currently planned, the report notes that powers do exist for central government to act if necessary.
It states that the Secretary of State can intervene in urgent situations and, as a measure of last resort, appoint commissioners to take over some council functions. According to the report, such intervention could remain in place for months or even years.
The findings come after public calls from senior figures, including West Yorkshire Mayor Tracy Brabin and former Kirklees Mayor Martyn Bolt, urging councillors to resolve the impasse and appoint a leader.
The council will make a third attempt to elect a leader when members meet on July 15. The outcome will determine whether the authority can move beyond weeks of political deadlock and restore its executive leadership.
