Marston Moor by-election: Government asked to step in over decision not to hold Harrogate district vote

Marston Moor residents were due to elect a replacement for the late councillor Norman Waller following his death earlier this year.

However, the council later decided the vote would not go ahead because of new legislation.

It said the by-election was scheduled to be held during the next district elections on 5 May, but these were then cancelled when a Structural Changes Order for elections to the new North Yorkshire Council was approved.

The decision has been criticised by the local Green Party who said it is at odds with a recent announcement that a separate by-election for the Wathvale ward on Harrogate Borough Council will be held on 5 May following the resignation of councillor Bernard Bateman.

The council said this vote can go ahead because although councillor Bateman resigned after the district elections were cancelled, the Local Government Act 1972 states his seat must be filled.

The decision has been described as a "complete affront to local democracy" by the Green Party which also claimed the council was "determined" not to hold the Marston Moor by-election.

Green Party peer Baroness Natalie Bennett has now raised the issue in the House of Lords. She has asked the government what discussions - if any - it had with Harrogate Borough Council about its decision not to hold the Marston Moor ward by-election.

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Explaining its decision, the council said: “As a matter of law when a casual vacancy arises within six months of the date for the ‘ordinary election’, then the casual vacancy is to be filled at the next ‘ordinary election’.

"For this reason, a notice of vacancy stating the election for Marston Moor would be on May 5 was published.

“However, local government reorganisation and the Structural Changes Order has changed this by cancelling the Harrogate Borough Council ordinary elections on May 5 and extending all serving Harrogate Borough Council members’ term of office until April 1, 2023 at which point Harrogate Borough Council will be dissolved as part of unitary re-organisation.

“Having taken legal advice and consulted with the Association of Electoral Administrators we cannot see any way forward for the election to fill the vacancy at Marston Moor ward.”

The council also said councillor Andrew Paraskos - who currently represents the neighbouring Spofforth with Lower Wharfedale ward - will act on behalf of Marston Moor residents until 1 April 2023.

This is the date when Harrogate Borough Council - along with North Yorkshire County Council and the other six district councils - will be scrapped and replaced by the new North Yorkshire Council.

Elections to the new unitary authority will take place on 5 May.

Those elected will serve on North Yorkshire County Council for one year, before serving a four-year term on the new council.

By Jacob Webster, Local Democracy Reporter