f. Vacation of office due to non-attendance

Members are elected (or co-opted) to office and have a responsibility to attend meetings. 

The effect of s.85, Local Government Act 1972 is that a councillor will automatically vacate office if they fail to attend a meeting of the council, or other relevant meeting, for a period of six consecutive months and the reason for their absence has not been formally approved before the expiry of the six-month period. Approval cannot be retrospective. 

Other meetings which would count are those of committees/sub-committees, joint committee/board or a similar body by which any of the council’s functions are being discharged, or which are advising the council about the discharge of its functions.

Councillors wishing their absence from a meeting to be approved are advised to apply (in writing) in advance, so that the reason can be considered for approval. However, even if such an application is not received, where the reason for the absence is known it is advisable for the Council to consider whether it should be approved.

The minutes of the meeting must record if it resolved to approve a councillor’s absence from the meeting, and if possible, the councillor’s reason for absence. The recording of such information must not conflict with a council’s duty to handle personal data or sensitive personal data in accordance with its obligations under data protection legislation. For example, if a councillor’s absence at meetings was due to ill health, the minutes of the meeting may document this simple fact but not the detail of his ill health. A council cannot disclose the details of the councillor’s physical or mental health without his permission. This is because the information relating to a person’s physical or mental health constitutes sensitive personal data.

Use this link to view Legal Topic Note 5