It is a little-known rule of local government, buried in legislation more than 50 years old, but it has recently become the focus of political tension in Erewash.
Under Section 85 of the Local Government Act 1972, any councillor who fails to attend a meeting of their authority for six consecutive months automatically loses their seat. No vote is required. No discretion applies. The seat simply becomes vacant.
Unless, that is, the council agrees otherwise.
The rule most people never hear about
Section 85 was designed to prevent councillors from holding onto seats without participating. Attendance, at least occasionally, was seen as the minimum requirement for democratic representation.
But the same law also allows councils to approve reasons for non-attendance in advance. Where that happens, the councillor remains legally qualified to serve, even if they do not attend meetings for long periods.
These approvals are known as dispensations, and they are usually granted by a council’s Standards Committee.
What has happened in Erewash
At a recent meeting, Erewash Borough Council’s Standards Committee agreed to grant and extend several such dispensations.
One councillor was granted a time-limited dispensation due to maternity leave, allowing her to remain a councillor until July 2026.
Two other councillors were granted extended dispensations that will allow them to remain in office until the next borough elections in May 2027, even if they do not attend council meetings during that time.
Without those decisions, all three would have automatically ceased to be councillors under the six-month rule.
Why the decision has caused controversy
The decision has drawn criticism from Reform UK, a registered political party, which argues that long-term dispensations can have the practical effect of blocking seats.
Their concern is not with short-term absences or compassionate cases, but with dispensations that run for several years. They argue that this can:
- Leave wards without active representation in the council chamber
- Prevent vacancies from being declared, removing the possibility of a by-election
- Reduce voter choice by locking seats in place until the next scheduled election
From this perspective, the issue is less about individual councillors and more about how democratic accountability works in practice.
A system used far beyond Erewash
Erewash is far from unique.
Councils across the Midlands and the rest of England routinely use Section 85 dispensations for councillors who are unable to attend meetings due to illness, maternity leave, or caring responsibilities.
Public minutes from authorities in Nottinghamshire, Derbyshire and Leicestershire show similar reports and resolutions being passed, often with little public attention. In most cases, the decisions pass quietly, becoming controversial only when absence becomes prolonged or politically sensitive.
Lawful, but not always popular
Supporters of the current system point out that dispensations are entirely lawful and explicitly provided for in legislation. Councillors are not full-time employees, and unexpected life events can make regular attendance temporarily impossible.
They also note that councillors may continue to carry out casework or community roles even when they are unable to attend formal meetings.
Critics, however, question whether attendance at decision-making meetings should be considered essential, particularly when absences stretch over years rather than months.
A bigger question about local democracy
At its heart, this is a debate about what representation really means.
Is a councillor’s role defined by formal attendance and voting, or by broader community engagement? Should long-term absences trigger a fresh mandate from voters, or should councils prioritise flexibility and compassion?
For now, the law leaves that judgement in the hands of councils themselves.
But as Erewash’s recent decision shows, when dispensations last long enough to outlive an election cycle, the balance between compassion and accountability can quickly become a matter of public debate.