Overview
Certain roles within local authorities are subject to legal restrictions on political activity, as outlined in the Local Government and Housing Act 1989 and amended by the Local Democracy, Economic Development and Construction Act 2009. These restrictions aim to maintain political neutrality in key positions.
The Council must maintain and regularly review a list of politically restricted posts.
These roles fall into two categories:
- Specified posts
- Sensitive posts (based on duties).
Specified posts
Under the 2009 Act, the following roles are automatically politically restricted:
- Chief Executive (Head of Paid Service)
- Statutory Chief Officers
- Non-Statutory Chief Officers (reporting directly to the Head of Paid Service, excluding clerical/support roles)
- Deputy Chief Officers (reporting directly to a Chief Officer, excluding clerical/support roles)
- Monitoring Officer (Statutory Chief Officer)
- Chief Finance Officer (Section 151 Officer and Statutory Chief Officer)
- Officers with delegated decision-making powers.
Sensitive posts
A post is considered sensitive if it involves one or both of the following:
- Regularly advising the Council, Cabinet, Committees, Sub-Committees, or joint Committees
- Regularly speaking on behalf of the Council to journalists or broadcasters.
Note: Providing purely factual information does not trigger political restrictions.
The term 'regular' is not legally defined but is assessed based on:
- Frequency of attendance or reporting at committees over the past 12 months
- Whether the activity is ad hoc or a routine part of the role.
Employees in posts designated as sensitive will receive written confirmation from HR, along with information on their right to appeal.
Political restrictions
Employees in politically restricted posts are prohibited from:
- Standing for or holding elected office as a:
-
- Local Councillor
- Member of Parliament (MP)
- Member of the European Parliament (MEP)
- Member of the Welsh Assembly
- Member of the Scottish Parliament.
- Engaging in political activities such as:
-
- Publicly supporting a political party
- Canvassing
- Holding office or committee roles within a political party
- Publishing or speaking in a way that promotes political views or candidates.
These restrictions are designed to prevent political influence in roles that involve policy implementation, advice to elected members, or public representation of the Council.
Identifying politically restricted roles
When creating or reviewing job descriptions, political restrictions must be considered. If a role is politically restricted, this will be clearly stated during recruitment and included in the employee’s contract and personal file.
Appeals process
- Specified posts: No right of appeal
- Sensitive posts: Employees may appeal by writing to the Monitoring Officer, including reasons and a copy of their job description. The Monitoring Officer will advise the Chief Executive, who will make the final decision.
Restrictions on councillors becoming employees
A councillor cannot be employed by the same authority during their term or within 12 months of leaving office.
Note: This does not apply to elected executive roles that are considered ‘paid office’.
Restrictions on employees becoming councillors
No employee - whether politically restricted or not - may be elected or hold office as a councillor in the same authority where they are employed. This is outlined in the Employee Code of Conduct and the Local Government Act 1972.