Give returning officers full indemnity and fix overly complex electoral law, Solace report says

A report from Solace has called on the Government to consolidate electoral law into a single act and provide returning officers with indemnity.

In the 51-page document, the membership body, which represents local government and public sector professionals, called for the implementation of a "robust, legally binding standards system with teeth for local government, applying to officers and members".

Solace also expressed concern over a local government-wide skills shortage in areas including the legal profession.

The report, 'Play', set out a series of problems currently facing the sector alongside recommendations on fixing the issues.

The report dedicated a full chapter to elections, in which it raised concerns over an "outdated and complex legislative landscape," staffing issues, significant pressures on the returning officer, "weak" standards and a "flawed" registration system.

Commenting on electoral legislation, the report said: "Much of electoral law is rooted in 19th Century language and practice and has seen little modernisation despite the need for regular amendments to cover legislative gaps where there are new developments, such as postal voting or social media.

"This complexity consumes significant organisational time."

It recommended the creation of a 'Consolidated Elections Act' alongside a 30-day minimum timetable for parliamentary elections to help the delivery and integrity of elections.

According to the report, the timeline for implementing the Elections Act 2022 put pressure on electoral teams ahead of the 2024 elections, "unnecessarily increasing risks" and impacting on the system's "capacity and resilience". 

"As part of the Consolidated Elections Act we propose, the Government should ensure legislation is in place at least six months before it comes into effect at an election," it said.

The call for simplicity is set against a survey of Solace members, which found that 76% of respondents believed the Government needs to simplify electoral legislation.

The same survey also reported that 86% of members said the Government should provide indemnity for Returning Officers for all polls in full.

"By fully backing Returning Officers with indemnity at all polls we will be ensuring they have the confidence to fulfil their democratic duties and continue to deliver safe and secure elections at a time when the landscape has never been more complex following the introduction of reforms under the Elections Act 2022."

Additionally, the report called for the creation of a single national electoral register to streamline registration, exploring an automatic or online system.

Beyond elections, it called for the implementation of a standards system with teeth.

The report said: "Maintaining a thriving democracy is not just about elections; it is also about the relationships between the public, the representatives they elect, and the professionals who deliver services on their behalf.

"And in recent years, in some places, these relations have become increasingly strained because, while the vast majority of those in local government behave entirely appropriately, there are a small number of bad apples."

It said that it is "patently inequitable" that those working in local government, unlike Parliament, have no recourse when faced with poor behaviour.

Elsewhere, the report highlighted problems with finances and with recruitment.

On staffing woes, the report said that local government is facing a "capacity and capability crisis" as a result of an aging workforce, competition with private sector pay, low profile of the sector and a lack of support for training and development.

This has resulted in particular shortages in skilled candidates in key technical areas, including legal professionals, according to the report.

To fix this, Solace recommended Government invest £250m a year in professional training for the local government workforce, establish a 'Local Leadership Academy' to develop place leadership skills, and create new graduate recruitment programmes and career change programmes to steer people into local Government.

It also called for central and local government to co-produce a progressive workforce strategy for local government, including career frameworks for key professional disciplines, as well as funding for a national recruitment campaign to promote the benefits of working in local government.

Adam Carey