Disclosure Log

Resignation of Councillor Desmond Clarke (FOI/5862)

Message from Nottinghamshire County Council - 21 May 2025

Dear Mr *****

Freedom of Information Request – Ref: FOI/00005862

Thank you for your email of 11 May 2025 where you requested:

1/ What are the predicted aggregate costs to Nottinghamshire County Counci in holding a by-election in the Division now vacated by Councillor Desmond Clarke

2/ Will the County Council invoice Reform UK for the aggregate costs of holding that by-election

3/ Will the County Council also confer with the District Auditor with regards to existing Statutory legislation and contemplate subsequent action of litigation that will compel Reform UK to accept the entire costs in the event of a refusal to accept responsibility for neglecting to ensure their candidate was mentored in the functional obligations of an elected member of the County Council.

In reply to your questions I can confirm that:
 
  1. The Council does not hold information on the forecast cost of the by-election.
  2. The Council has no legal power to invoice either political parties, councillors, or electoral candidates in relation to the cost of holding an election.
  3. As above, the Council has no legal power to recover the cost of holding an election from either political parties, councillors, or electoral candidates.  As such, the Council has no intention of engaging with its auditor regarding your suggested course of action.

I note your concern regarding the cost of the by-election.  As in any election to the Council, officers will do their utmost to ensure that arrangements are made in a way that maximises value for money and minimises the total cost to the Council.

I should highlight that electoral returning officers are not classified as authorities subject to the disclosure requirements of the Freedom of Information Act 2000, though I am keen in the interests of transparency to ensure data is released wherever possible and appropriate.  The costs relating to the running of a by-election are principally incurred by a district council and then reimbursed by Nottinghamshire County Council.  The district council usually confirms its costs a number of months after the election has taken place.  As such, if you were to request the same information once it is available we would be happy to confirm the relevant sum.

Your privacy: we use your personal information such as name and address so that we can comply with our legal obligations to respond to FOI requests.  For further details about the use of information about you, please see the information handling privacy notice on our website at https://www.nottinghamshire.gov.uk/media/4323566/informationgovernanceandinformationrightsprivacynotice.pdf.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review.  Internal review requests should be submitted within 40 working days of the date of receipt of the response to your original request and should be addressed to: Complaints and Information – Team Manager, Nottinghamshire County Council, County Hall, Loughborough Road, West Bridgford, NOTTINGHAM, NG2 7QP or [email protected].

Please remember to quote the reference number above in any future communications. 

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision.  The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, WILMSLOW, SK9 5AF or https://ico.org.uk/make-a-complaint/foi-and-eir-complaints/.

Yours sincerely

Colin Sawers (He/Him)
Information Case Officer | Customers, Complaints and Information
Chief Executive"s Department | Nottinghamshire County Council
County Hall | Loughborough Road | West Bridgford | NOTTINGHAM | NG2 7QP
Tel: (0115) 977 3714