Political and mayoral assistants

Executive Summary

A decision to create political assistant posts must be made by full Council[1]. In the case of a mayoral assistant, full Council must receive a report from the Mayor, providing the name and the terms and conditions of any mayoral assistant appointed[2].

As a matter of good practice, the Council should publish the following details:

(a) the total number of political assistants it employs;

(b) the political group each assistant serves;

(d) the number of hours per week for which each political group’s assistant is employed.

A draft Protocol is attached at Appendix 1, which sets the parameters of the roles and provides certainty and guidance as to how they function. This ensures that political and mayoral assistants provide the support for members that was envisaged by Parliament and avoids the potential for conflict with other officers of the council. It also deals with questions about the roles that may arise around issues such as access to information, attendance in meetings, use of council resources and where line management responsibilities should sit.

Draft standing orders to comply with s.9(2)(d) of the Local Government and Housing Act 1989 for insertion into the Officer Employment Procedure Rules within a council’s constitution are set out at Appendix 2.

Political Assistants

1.1 Section 9 of the Local Government And Housing Act 1989 (‘the Act’) provides that an authority may appoint up to three persons to provide assistance to members of political groups. However, only one post can be appointed to a political group. No appointments can be made until posts have been established for all qualifying groups (even though a group may choose not to make an appointment). For the avoidance of doubt, a decision by one group to decline to take up their allocated post does not prevent any other qualifying group from having a political assistant.

1.2 Sections 9(6) and (7) of the Act provide that each of the three largest political groups on an authority is entitled to have one political assistant, subject to the group concerned having at least 10% of the members of the authority.

1.3 Under s.9(7) of the Act, if only one group has 10% or more of members then only it and the next largest group are entitled to a political assistant. Where there is more than one group with the next largest membership (e.g. if two groups have the same number of members), the political assistant shall be assigned to such one of those groups as may be determined by the Council.

1.4 The government has published non-statutory guidance for local authorities who employ, or are considering employing political assistants, which advises them to:

(a) carry out a value for money job assessment;

(b) consider employing political assistants on a part-time basis;

1.5 Key features of the statutory provisions provide:

(a) The appointments are made “for the purpose of providing assistance, in the discharge of any of their functions as members of a relevant authority, to members of any political group to which members of the authority belong” (therefore, not in their other political functions, party activity or campaigning).

(b) The general role of political assistants is to undertake research and provide administrative support for political groups. The existence of these posts allows a separation of professional officer and political roles and enables the provision of advice to councillors that other local authority officers are prevented from providing.

(c) A council may have a maximum of three such posts at any given time and appointments can only be made if posts are allocated to all of the groups who qualify. To qualify, a group must have at least one tenth of the total membership of the authority (unless only one group has 10% or more of members, then it and the next largest group are entitled to a political assistant).

(d) Under the statutory standing orders in section 9(5), each of the posts falls to be filled from time to time in accordance with the wishes of the political group to which the post has been allocated.

(e) Posts must be fixed term and terminate at or before the council’s Annual Meeting following the first elections after the person was appointed. However, this does not prevent the post-holder from being reappointed for a further term or terms.

(f) The council and individual political groups should have regard to financial considerations when determining the need for a political assistant. Where a political group is represented by a small number of councillors but nevertheless qualifies for a political assistant, the council should pay particular attention to the value for money of employing an assistant and whether they can justify this to local residents.

(g) Councils should consider whether the post is necessary, and whether employing political assistants on a part-time rather than full-time basis would keep costs down and provide better value for money for the taxpayer. Part-time posts may encourage and attract a diverse range of candidates.

Mayoral Assistants

1.6 Regulation 3 of the Local Authorities (Elected Mayor and Mayor’s Assistant) (England) Regulations 2002 (‘the Regulations’) provides that an elected mayor of a local authority may appoint one person to provide assistance to them.

1.7 The key features of the Regulations provide:

(a) Mayoral assistants are employed by the Council on such terms and conditions (including as to remuneration) as the Mayor thinks fit, within the financial resources available to the council and subject to the statutory ceiling (see below).

(b) Their appointment cannot extend beyond the Mayor’s term of office, or the date on which the Mayor ceases to hold the office, whichever is sooner.

(d) The Mayor must, however, report to the Council in writing the name and the terms and conditions of any mayoral assistant appointed.

Provisions applying to both Political and Mayoral Assistants

(a) The council should carry out a value for money job assessment when considering remuneration for political and mayoral assistants and pay at a rate appropriate for the work undertaken. The maximum level of remuneration is subject to a ceiling set by the Secretary of State. The Local Government (Assistants for Political Groups) (Remuneration) (England) Order 2021 specifies scp 38 of the National Joint Council’s Scheme[3] (currently £49,282 pa fte) as the relevant amount.

(b) Whilst, like all other council employees, political and mayoral assistants must be appointed on merit, regard may also be had to their political affiliations and political activities prior to their appointment.

(c) Political and mayoral assistants are local government employees who are considered to be in politically restricted posts[4]. This means that they cannot stand for election, act as an election agent or sub-agent, be an officer of a political party, manage a party or branch of a party, or canvass on behalf of a political party or candidate for election. However, two exceptions enable them:

1. to speak to the public with the intention of affecting support for a political party (provided they do not give the impression that they are acting as a representative of the political party); and
2. to publish or cause to be published written work or other material intended to affect public support for a political party (provided they do not give the impression that the publication is authorised by the political party).

(d) The council cannot confer delegated powers, whether from Council or Executive, on a political or mayoral assistant to discharge any of the authority’s functions.

(e) No person holding any office or employed by the council can be required to work under the direction of a political or mayoral assistant unless they are providing the political or mayoral assistant (or the political group or mayor to which the post is allocated) with secretarial or clerical services.

(f) Political and mayoral assistants may only use Council resources to undertake Council business.

Geoff Wild is a Legal and Governance Consultant. He is celebrating his 40th anniversary as a local government lawyer.

This is the latest in a series of articles Geoff has written – previous contributions include:

APPENDIX 1

PROTOCOL IN RELATION TO POLITICAL [AND MAYORAL] ASSISTANTS

INTRODUCTION

1.1 [INSERT NAME] Council provides the resources for the appointment of political assistants under section 9 of the Local Government and Housing Act 1989 (‘the Act’) [and a mayoral assistant under the Local Authorities (Elected Mayor and Mayor’s Assistant) (England) Regulations 2002]. Such posts are governed by the Act [and by Regulations] and are subject to a number of restrictions. This Protocol is intended as a guide to the role and responsibilities of the political and mayoral assistants and the support and help they shall be given by other officers. It also sets out the limits of access that political and mayoral assistants may have.

1.2 The three largest political groups on the Council (provided that they have more than ten per cent of the Council’s elected membership) are entitled to appoint political assistants. If only one group has 10% or more of members then only it and the next largest group are entitled to a political assistant. It is recognised, however, that a qualifying group may not wish to take up its allocated post. This is a matter for each group to decide, but a decision by one group to decline to take up their allocated post does not prevent any other qualifying group from having a political assistant.

POLITICAL [AND MAYORAL] ASSISTANTS AS OFFICERS

2.1 Political [and mayoral assistants] are employees of the Council. Except as set out in this Protocol, they are subject to:

(a) the Standing Orders in relation to officer employment;

(b) Council policies and procedures that apply to officers and employees of the Council; and

2.2 Unlike other Council employees, regard may be had to their political affiliations and political activities prior to their appointment[5].

2.3 Unlike other Council employees, political [and mayoral] assistants:

(a) must not have any powers of the Council (or Executive) delegated to them; and

(b) must not manage any other Council employees (except secretarial and/or administrative support staff).

2.4 Like all other Council employees and members, political [and mayoral] assistants may only use Council resources to undertake Council business.

2.5 Political [and mayoral] assistants are politically restricted posts. In common with other Council employees in politically restricted posts, such assistants must not:

(a) stand as a candidate for election as a member of the House of Commons or a local authority;

(b) act as an agent or sub-agent for a candidate who is standing in such an election;

(d) canvas on behalf any political party; or

(e) act as an officer of a political party (or branch) if that would be likely to require:

1. participation in the management of the party (or branch); or
2. acting on behalf of the party (or branch) in dealings with non-party members.

2.6 Unlike other Council employees in politically restricted posts, political [and mayoral] assistants are permitted to speak or write in a way which is designed to affect public support for a person or political party. They must not however:

(a) speak to the public in a manner likely to create the impression that they are speaking as an authorised representative of a political party; or

(b) publish (or permit the publication of) any written or artistic work of which they are the author (or have acted in an editorial capacity) which is likely to create the impression that the publication is authorised by a political party.

THE ROLE OF POLITICAL ASSISTANTS

3.1 The role of political assistants is to support the group to which they are appointed and this includes assisting in the smooth running of group meetings and other group discussions. However, it does not include undertaking party political campaigning or party activity outside the Council’s business.

3.2 Members and officers may expect a political assistant to do some or all of the following, if asked to by the Group Leader of the relevant group:

Network to facilitate information gathering

(a) Establish and maintain links with the relevant group’s headquarters, parliamentary and research bodies, regional local government bodies, and other relevant external groups.

(b) Develop a good knowledge of the functions and operations of the Council and its departments and establish effective working relationships with officers of the Council, including the Chief Executive and other senior officers.

(c) Liaise with members of the public and community groups, to collect a wide range of information, including in relation to issues that may be sensitive.

(d) Attend meetings of relevant local and national bodies, groups, agencies and associations.

Assist policy formulation and research for the Group

(e) Undertake research and analysis, obtain information and investigate matters to assist policy formulation and other developments or queries.

(f) Collate and analyse data for statistical purposes.

(g) Monitor the local media, relevant legislative and political developments, key projects and other issues that may impact on the group or Council policies.

(h) Gather information on and share good practice operated in other organisations.

(i) Disseminate information to the group and advise on items of interest or concern. Prepare reports and position and briefing papers, providing statistical information and recommendations on policy change and formulation, exercising judgement and decision making on likely repercussions on the local community and Council.

Providing administrative and organisational support to the Group Leader and group members as required

(j) Carry out general administrative duties.

(k) Draft speeches, motions, amendments and questions for the group.

(l) Liaise with the local media in respect of press statements by and interviews with the Group and act as a point of contact on behalf of the Group for media enquiries (but not act as a spokesperson on behalf of the Group (or Council) or issue press statements in their own name (or on behalf of the Council).

(m) Pass on enquiries from members of the public, media, voluntary bodies and other local agencies/organisations on all aspects of Council policy and initiatives to the appropriate officer or group member.

(n) Maintain manual and computerised information retrieval systems used by and for the Group Leader and group members.

(o) Organise, prepare agendas for and minute group meetings, ensuring any follow-up action is carried out.

(p) Liaise with the Group Leader to oversee and facilitate the effective servicing of group meetings, sub-groups and any associated meetings.

(q) Act as a point of contact for group members in order to aid group cohesion, co-ordination and efficient conduct of group business, ensuring the group is able to act swiftly and effectively, facilitating excellent group communication and reducing the likelihood of members sending out contradictory messages.

(r) Identify, in conjunction with the group, individual members’ training needs and liaise with senior officers regarding the provision of such training.

(s) Contribute to improving the efficiency and effectiveness of service delivery through maximisation of resources within the office and identifying and implementing initiatives for making improvements.

THE ROLE OF MAYORAL ASSISTANTS

4.1 The role of the Mayor’s Assistant is to provide assistance to the Mayor. The Mayor and officers shall expect the Mayor’s Assistant to do some or all of the following, if asked by the Mayor:

(a) Network to facilitate information gathering.

(b) Establish and maintain links with the relevant party headquarters (if appropriate), parliamentary and research bodies, regional local government bodies and other relevant external groups.

(c) Develop a good knowledge of the functions and operations of the Council and its departments and establish effective working relationships with officers of the Council, including the Chief Executive and other senior officers.

(d) Liaise with members of the public and community groups, to collect a wide range of information, including in relation to issues that may be sensitive.

(e) Attend meetings of relevant local and national bodies, groups, agencies and associations.

(f) Liaise with other Mayor’s Assistants across the country.

(g) Assist policy formulation and research for the Mayor.

(h) Undertake research and analysis, obtain information and investigate matters to assist policy formulation and other developments or queries.

(i) Collate and analyse data for statistical purposes.

(j) Monitor the local media, relevant legislative and political developments, key projects and other issues that may impact on the Group or Council policies.

(k) Gather information on and share good practice operated in other organisations.

(l) Advise the Mayor on items of interest or concern.

(m) Prepare reports and briefing papers, providing statistical information and recommendations on policy change and formulation, exercising judgement and decision making on likely repercussions on the local community and Council.

(n) Provide administrative and organisational support to the Mayor as required.

(o) Carry out general administrative duties.

(p) Draft speeches, motions, amendments and questions for the Mayor.

(q) Liaise with the local media in respect of press statements by and interviews with the Mayor and act as a point of contact on behalf of the Mayor for media enquiries, but not act as a spokesperson on behalf of the Mayor (or Council) or issue press statements in their own name or on behalf of the Council.

(r) Pass on enquiries from members of the public, media, voluntary bodies and other local agencies/organisations on all aspects of Council policy and initiatives to the Mayor.

(s) Maintain manual and computerised information retrieval systems used by the Mayor.

(t) Arrange the provision of training for the Mayor.

(u) Contribute to improving the efficiency and effectiveness of service delivery through maximisation of resources within the office and identifying and implementing initiatives for making improvements.]

MANAGEMENT ARRANGEMENTS

5.1 The appointment procedures to be followed in relation to political [and mayoral] assistants are set out in the Officer Employment Procedure Rules.

5.2 [The Mayor’s Assistant will report for most day-to-day purposes to the Mayor.] Political Assistants will for most day-to-day purposes report to the Leader of the Group to which they have been appointed. The [Mayor or] Group Leader will agree the work programme of the relevant assistant, set the priorities within that programme and undertake day to day supervision of the work. The [Mayor and] Group Leaders will meet regularly with the [Corporate Director of Resources] to review the progress of the work programme.

5.3 The posts will be based in the [Resources] Directorate and will be line managed by the [Director of Corporate Business and Governance] (or such other officer to whom they may delegate responsibility) in relation to pay and conditions, equipment purchase and expenses claims, leave and sickness, team briefing, and learning and development. Leave arrangements will be subject to approval by the [Mayor or] relevant Group Leader, as appropriate.

5.4 Political assistants’ annual appraisals will be undertaken by the [Director of Corporate Business and Governance] (or such other officer to whom they may delegate responsibility) after seeking structured feedback from the relevant Group Leader, [or by the Mayor or Group Leader,] as appropriate, and the [Director of Corporate Business and Governance] together.

5.5 If a political [or mayoral] assistant feels they have been asked to undertake any role inappropriately, or that they have been denied access to people or information unfairly, then they may raise that with either [the Mayor or] the relevant Group Leader or (if the assistant prefers) with the [Director of Corporate Business and Governance]. In the event of a dispute between the [Mayor or] Group Leader and [Director of Corporate Business and Governance] then the matter will be raised with the [Corporate Director of Resources].

5.6 The [Director of Corporate Business and Governance] (or such other officer to whom they may delegate responsibility) shall be responsible (in consultation with the [Mayor or] relevant Group Leader) for all disciplinary action (including dismissal) in relation to political and mayoral assistants.

RIGHTS TO INFORMATION

6.1 Political [and mayoral] assistants act as agents for the [Mayor and] Group Leaders in seeking access to information. As agents they have the same rights to information as elected members of the Council, and fellow Council officers must be willing to provide the same information to such assistants as they would if a member of the Council sought the same help.

6.2 The rights of members to be given information are set out in detail in the Council’s constitution. Broadly, any member of the Council has a right to all Committee/Executive Reports and their background documents unless prohibited under the constitution. In addition, members have a common law right to information on a “need to know” basis to enable them properly to undertake their duties as [the Mayor or] a councillor.

6.3 Most exempt reports and documents may also be available to [the Mayor and] members but there are a limited number of situations (such as matters of high sensitivity in relation to individual employees or legal cases) where documents will not be made available to all members or to political [or mayoral] assistants. Such cases will need to be dealt with on their individual merits and in consultation with the Monitoring Officer.

6.4 Where political [or mayoral] assistants have access to exempt or confidential documents they must not disclose their contents to anyone who is not equally entitled to the information, or to anyone outside the Council without the express approval of the Monitoring Officer.

6.5 Political [and mayoral] assistants will direct all routine requests for information and advice to the relevant manager in the directorate concerned. Requests for information about more sensitive matters, or complaints about how a matter has been dealt with initially, shall be addressed to the relevant Director or Corporate Director.

OBLIGATIONS OF POLITICAL [AND MAYORAL] ASSISTANTS

7.1 Applicants for a post of a political [or mayoral] assistant will be asked to disclose any current or past political activities or affiliations.

7.2 Political [and mayoral] assistants will be expected to work mainly under their own discretion and initiative for [the Mayor or] the relevant Group Leader. A day-to-day programme may be assigned by [the Mayor or] the relevant Group Leader.

7.3 Given the unique nature of the role within the Council and the level of access which political [and mayoral] assistants have to sensitive information, they are expected to maintain the highest level of confidentiality and discretion at all times during the course of their work.

7.4 Political [and mayoral] assistants will be expected to maintain up-to-date knowledge of working practices, policy development, techniques and legislation and undertake professional development activities.

7.5 Political [and mayoral] assistants are subject to the principles contained in the Council’s Protocol for Member and Officer Conduct so far as that is not inconsistent with the specific obligations applicable to such assistants.

NON-APPOINTMENT OF ASSISTANT TO THE MAYOR

8.1 It is possible that the Mayor may choose not to take up the allocated post of Mayor’s Assistant. The Mayor may change their mind at any time by giving written notice to the [Chief Executive] and the appointed post holder will then be entitled to the same rights as existing political assistants and subject to this Protocol.]

GROUPS WITHOUT ASSISTANTS

9.1 It is possible that a Group that is entitled to a political assistant may choose not to take up the allocated post. A Group that has previously decided not to fill its allocated post may change its mind at any time by giving written notice to the [Chief Executive] and the appointed post holder will then be entitled to the same rights as existing political assistants and subject to this Protocol.

9.2 There may be other groups in the Council (or individual members), who are not entitled to have a political assistant. Officers generally shall take care to ensure that if briefings are given to any one political group then the same level of information is given to groups (or individual members) who do not have a political assistant as to those that do and that all groups are provided with opportunities to obtain information whether or not they have a political assistant.

APPENDIX 2

Draft standing orders to comply with s.9(2)(d) of the Local Government and Housing Act 1989 for insertion into the Officer Employment Procedure Rules within the Constitution

Political [and Mayoral] Assistants

2.21 In the event of an appointment of an assistant to a political group[6] such appointment shall be made in accordance with the wishes of that political group.

2.22 No appointment to a political assistant post may be made until the Council has allocated a post to each of the political groups that qualify for one.

2.23 No appointment to a political assistant post may be made to a political group that does not qualify for one.

2.24 No more than one political assistant post may be allocated to any one political group.

2.25 Political assistant posts must be fixed term and terminate at or before the Council’s Annual Meeting following the first elections after the person was appointed. However, this does not prevent the post-holder from being reappointed for a further term, provided the relevant group remains entitled to the services of a political assistant, or until the principle of appointing political assistants is changed by Council.

2.26 Political assistants qualify as politically restricted posts and, with two exceptions, the regime restricting the political activities of local government employees who are in politically restricted posts applies to them. The two exceptions enable them to speak to the public with the intention of affecting support for a political party and to publish or cause to be published written work or other material intended to affect public support for a political party.

2.27 Political assistants are excluded from the general requirement that all persons appointed to a paid office or employment by a local authority must be made solely “on merit” and regard may be had to an applicant’s political activities or affiliations.

2.28 Political assistants provide assistance to the members of a political group in the discharge of their functions as members of the authority (therefore, not in their other political functions, party activity or campaigning). A political assistant cannot enjoy any delegated powers, nor can any other officer of the authority be required to work under their direction unless they are providing the assistant (or the political group or mayor to which the post is allocated) with secretarial or clerical services.

2.29 The remuneration of political assistants must not exceed an amount specified by the Secretary of State[7], currently spinal column point 38 of the National Joint Council's Scheme.

2.30 [In addition, the elected Mayor may appoint one person to act as their assistant[8] (to whom paragraphs 2.26-2.29 apply). The term of appointment of the Mayor’s Assistant will be until the end of the Mayor’s term of office or when they cease to hold the office of Mayor (whichever is the sooner). They shall be employed on such terms and conditions as the Mayor thinks fit, within the financial resources available to the Council and subject to paragraph 2.29. The Mayor shall report to the Council in writing the name and the terms and conditions of any mayoral assistant appointed.]

Footnotes

^[1] Section 9(2)(c) of the Local Government and Housing Act 1989

^[2] Regulation 3(5) of the Local Authorities (Elected Mayor and Mayor’s Assistant) (England) Regulations 2002

^[3] https://www2.local.gov.uk/our-support/workforce-and-hr-support/local-government-services/local-government-services-pay-2

^[4] The Local Government Officers (Political Restrictions) Regulations 1990

^[5] Section 9(1) of the Act

^[6] Under section 9 of the Local Government and Housing Act 1989

^[7] See Regulation 3 of the Local Government (Assistants for Political Groups) (Remuneration) (England) Order 2021/1122

^[8] The Local Authorities (Elected Mayor and Mayor’s Assistant) (England) Regulations 2002