Guidance regarding Local Authority Publicity relating to
Purdah
Publicity in the Pre-election period (PURDAH) Guidance
Tees Valley Combined Mayoral Election
Overview Why is this guidance necessary?
This guidance note outlines the key issues that apply in relation to publicity during the period leading
up to the Tees Valley Combined Mayoral Election in the Tees Valley Area (known as PURDAH)
This guidance note, through a series of questions highlights the key issues in relation to publicity and
the use of Council facilities; aims to provide practical advice for officers and members from the
Notice of Election (Thursday 23rd March 2017) to polling day (Thursday 4th March 2017).
While we have tried to cover most points if you have any queries please contact Steve Newton, Sue
Bridges or Janine Morgan. Contact details are as listed below.
Key Points – Publicity:
Allow
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Business as usual publicity with quotes from appropriate officers not Councillors.
Councillors can create their own publicity, provided Council resources are not used.
Councillors can attend events arranged by other organisations, but the same restrictions
apply about quoting them in any Council publicity.
Decision making will continue as usual, and the decisions will be publicised, subject to the
restrictions about quotes.
During the period leading up to the formal election period the Council will continue to issue
official press statements about Council decisions on a factual basis for public information
purposes without naming individual Members except where this is a genuine need for a
political response to an important event outside the Councils control.
Proceed with caution
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Councillors not standing for re-election may be quoted only if the quote has no political
flavour to it.
Council businesses can and must continue during an election period. This includes publicity
around normal Council business and events. However this must be carefully thought through
to ensure Council machinery is not used or allowed to be used or manipulated by anyone or
private or party political purposes.
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Before arranging any proactive events involving elected Members, officers should take
advice from their manager and Democratic Services or Legal Services.
During the period leading up to the formal election period, assistance with preparation and
processing of Press statements issued by, or on behalf of, named Members in any capacity
will not be available.
Involvement of Councillors seeking election in council launches and promotional activities
will be avoided unless Members from all political parties are represented and involved.
Council officers should not get involved in political visits to the Borough by government
ministers, Opposition spokespeople or prospective candidates.
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Councillors involved in the election will not be quoted in proactive press releases issued.
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No political posters or leaflets must be displayed on Council premises (including street
furniture) or vehicles.
Views on any controversial issue, which could be seen as supporting one political party over
another, must not be published.
Press releases should not be used to explain party political differences or to promote a party
whose candidate is standing in the election. Council funded photo opportunities that give
publicity to political parties should be avoided.
Staff should not wear any political badges whilst carrying out their work, or have political
badges on work items such as clipboards. Staff should not express their personal political
opinions to the general public, residents (and their relatives or Councillors).
Key points – General
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Reasonable requests by Members and Candidates for any of the elections to visit Council
establishments will be met subject to the approval of the appropriate Senior Manager and to
operational requirements. No such visits will be supported by the Councils media and
promotions staff including photographic services which will not be available in those
circumstances.
Documents placed on public deposit and public displays Council and school notice boards
and documents placed on public deposit in Council reception areas and libraries should be
checked to ensure there are no technical breaches of the Code; for example by
lodging/displaying papers for any groups known to have particular affiliations.
Members Councillors standing for election need to maintain a clear distinction between
their official duties as a serving Councillor and their election campaign. For example, they
should guard against any impressions of use of Council resources for election or private
purposes. Councillors ill continue to deal with ward work and represent their constituents in
the run-up to the election; officers should deal with enquiries from Councillors who are
seeking election in a methodical, systematic, clear and transparent way.
Members will continue to have the right to ask for written factual information about a
Service under the Freedom of Information Act.
Questions and Answers
1. What does the law say?
The Local Government Act 1986 (The 1986 Act) imposes a prohibition on local authorities
publishing any material, which, in the whole or part, appears to be designed to affect public
support for a political PARTY. The Code of Recommended Practise on Local Authority Publicity
(The Code) is a statutory guidance issued under section 4 of the 1986 Act. The council has a
statutory obligation to have regard to the Code when making decisions on publicity (the remit of
the Act and Code includes schools)
The relevant sections of the Code of Recommended Practise on Local Authority Publicity are
reproduced below:
33. Local authorities should pay particular regard to the legislation governing publicity during the
period of heightened sensitivity before elections and referendums. It may be necessary to
suspend the hosting of material produced by third parties, or to close to public forums during
this period to avoid breaching any legal restrictions.
34. During the period between the notice of an election and the election itself, local authorities
should not publish any publicity on controversial issues or report views or proposals in such a
way that identifies them with any individual members or groups of members. Publicity relating
to individuals involved directly in the election should not be published by local authorities during
this period unless expressly authorised by or under stature. It is permissible for local authorities
to publish factual information which identifies the names, wards and parties of candidates at
elections.
35. In general, local authorities should not issue any publicity which seeks to influence voters.
2. When do the restrictions apply?
The restrictions apply from the 24th March 2016 through to the date of the parliamentary
and local elections on the 5th May 2016 the PURDAH period.
3. What does publicity mean?
The meaning of publicity is wide and includes any communication, in whatever form, addressed to
the public as a whole or to a section of the public.
Publicity not only includes news releases issued to print, broadcast and social media, but also:
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Most printed materials, which are sent to a wide audience
Newsletters;
Information added to the website during the period; Posters and Leaflets;
Badges, t-shirts and other giveaways;
Advertising;
Exhibitions;
Conferences;
Consultation.
Publicity can also take the form of speeches, interviews, items on the Councils websites or notice
boards, press releases and newspaper articles issued by or on behalf of the Council.
Publicity can also include publicity issued by organisations the Council funds. For example, if the
Council funds a theatre group which produces a play which overtly attacks or supports a political
party that could amount to a breach of the rules. The Council cannot fund other organisations to
produce publicity it is unable to issue itself.
If the Council holds public meetings or supports or assists in meetings organised by others then this
is also caught by the provisions.
4. What are the restrictions on Council publicity?
The law does not allow the Council to publish or to assist others to publish material, which appears
to be designed to affect public support for a political party. The intention behind the publication
does not matter what is important is whether it appears to be designed to affect support. This
covers broadcast items, as well as written material.
It can cover printing, even if the same information published at another time would be considered
reasonable. It is safer to avoid giving support and facilities for party political material from the
Notice of Election to polling day.
5. What are Council Resources?
The definition of Council Resources includes; IT, telephones, fax machines, photocopiers, stationary,
headed notepaper, postage, transport and staff time.
It would include the use of the Council postal system to distribute election campaign material, use of
a Council e-mail address to send election material, or using council staff to carry out research to
assist with obtaining information for a political campaign.
6. What are the restrictions on the use of Council Resources?
The Code of Conduct for Members (The code of Conduct) provides that a Member must make sure
that the councils resources are used for proper purposes only.
Services or facilities provided for Members should be used exclusively for the purposes of council
business or to enable the Member concerned to discharge their function as a Councillor. This applies
to:
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Council stationary (letterheads, envelopes, compliment slips)
Telephones and fax machines
Use of Council e-mail addresses
Photocopiers / IT equipment
Officer time
The use of Council resources for purely political purposes, including designing and distributing party
political material produced for publicity purposes is prohibited under the Code of Conduct for
Members. Use of the Councils resources in such a way is likely to amount to a breach of the Code of
Conduct. The Code of Conduct includes a requirement for Members to have regard to any Local
Authority Code of Publicity made under the 1986 Act.
7. What is meant by Use of Council Resources?
The use of Council Resources for party political purposes covers not only the publication of
campaigning material but also any other activity intended to promote purely party political interests.
Examples include the use of the Council postal system to distribute election campaign material or
sending out election material using a Council e-mail address, use of staff time to carry out research
to assist in promoting a political campaign.
8. Why are the restrictions imposed?
The reason for restrictions during the election period is not to prevent the Council carrying out its
normal business, but to prevent Council business carried out during the period being used to secure
electoral advantage.
Particular care needs to be taken to ensure that publicity or Council activities cannot be perceived as
seeking to influence public opinion or to promote the public image of a particular candidate or group
of candidates.
9. What happens to press releases during this period?
To be on the safe side, our policy is not to make references to, or use quotes from, councillors during
the election period. If quotes are necessary they will, where possible, be attributed to an officer. In
all instances the Communications team will advise.
Factors, which will be considered, include:
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The content and style of the material.
The likely effect on those whom it is directed.
Whether material promotes or opposes a view on a question of political controversy, which
is specifically identifiable as the view of one political party but not another.
References to political parties or persons identified with a political party
Where material is part of a campaign, the effect that the campaign appears designed to
achieve.
10. Are all councillors in the same position?
No, guidance imposes restrictions on councillors who are involved directly in the election whether as
candidates or in some other capacity. Other capacity is taken to include any member acting as
election agent if they are seeking to use council resources to publicise a candidate that they are
acting as election agent for.
11. What about relative publicity?
Under the Code it is acceptable for councillors holding key political or civic positions to comment in
an emergency. In such an instance it would be acceptable for a relevant member to be quoted
reacting to the event although every effort must be made to avoid involving those who are seeking
re-election.
12. Can the Council comment on misleading campaign material?
In some exceptional cases it may be acceptable to put the record straight if damaging
misinformation has been circulated as part of a campaign or for any other reason. Advice must be
sought from the Monitoring Officer, Steve Newton before any steps are taken.
13. Can Members use Council Web Pages?
The content of Web Pages maintained on the Councils intranet site for Members who are candidates
or election agents should be restricted to factual information, which is corporately provided for all
Members (e.g. contact and surgery details, Membership of committees etc.)
What are the rules for Council staff?
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During the election period there is a need for greater political sensitivity; all staff should
follow the guidance as set out in this document.
Council staff must always be careful not to give the impression of supporting a political party
or candidate or set of policies.
To maintain the appearance of political neutrality, those members of staff whose work is
confined to a very specific geographical area where the public knows them in their official
capacity should not canvass or act in any visible manner in that area of support of a political
party. They may, of course, do all of these things in other parts of the Borough where the
public does not know them provided that they are not in a politically restricted post.
Staff should not wear any political badges or stickers whilst carrying out their work, or have
political stickers etc. on work items such as clipboards.
Staff should not express their personal political opinions to the general public, tenants and
residents (and their relatives), elected ward councillors, or prospective Members of
Parliament.
Extra care should be taken by staff not to allow themselves to be photographed with any
candidates. This is because if such photos are re-printed in a party political leaflet, it could
be seen as an endorsement of the candidate by the officer or the council itself especially if
the photo is of a senior officer of the council.
14. Are there any special rules that staff in politically restricted posts must abide by?
Staffs in politically restricted posts will know the legal rules that apply to them. Staff who hold posts
that are identified as politically restricted are subject to additional restrictions. These include:
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Holding office in a political party
Acting as an election agent
Canvassing on behalf of a political party or as candidate for election
Speaking in public in favour of a political party
Giving interviews or publishing any written work with the intention of affecting public
support for a political party
If you are unsure about whether or not you hold a politically restricted post, you should speak to
your line manager.
15. Can Councillors talk to the press and media during this period?
Of course individual councillors can generate their own publicity during this period subject to their
own party’s protocols. The restrictions only apply to official Council organised publicity including
press releases or events and the use of the Councils resources. However, to avoid enquiries of a
political nature being directed via Council employees Members are asked not to include Council
addresses and telephone numbers in any political literature.
16. What about publicity for events?
The restrictions apply to any events organised by the Council. It is better to avoid proactively
scheduling PR events and photo opportunities during this period if possible.
Councillors who are standing as candidates, or acting as agents, whether in Redcar & Cleveland or
elsewhere, should not be involved in such events. Councillors who are not standing for election or
involved in the election, may attend but should not use such events to publicise themselves, their
parties, or the policies or any candidates they support.
17. What about events that cannot be re-scheduled for operational reasons?
If a Council event cannot be postponed until after the election, it is vital it is organised in such a way
as to minimise the likelihood of criticism being raised that the real purpose of the event is to
publicise one particular party or candidate.
If a candidate or representative from one party is to attend, then (where possible) representatives of
other parties should also be invited, and all should be asked not to use the events for political
purposes.
18. Can councillors attend events organised by other by other organisations?
Councillors can attend events but the same restrictions apply about quoting them in any Council
publicity.
19. What about Posters & Leaflets?
No political posters or leaflets must be displayed on Council notice boards, premises (including
street furniture etc.), or vehicles.
20. What about meetings during this period?
As far as possible the Council should function on a business as usual basis. It is recognised that some
meetings which have the potential to be politically contentious will need to be managed carefully.
Meetings can still take place in support of the Councils functions provided that such meetings are
not used, or could reasonable by considered to give rise to the perception that they are being used,
in connection with candidature for the election.
21. Can Councillors send out correspondence to constituents?
Members who are candidates or agents will be permitted to respond to correspondence they may
receive in the normal way and deal with casework as a result of surgeries. However, letters or emails, which are being sent to constituents, must have no reference to the individual political party
and letterheads should reflect this.
Members not standing for re-election may continue to send letters or e-mails using the normally
permissible letterhead containing a single reference to the party which the Member belongs to.
22. Can members obtain information about a Council Service?
Members have a right to ask a Director or Senior Manager for written factual information about a
Service; Members are not entitled to confidential information unless this is in connection with their
work as an Elected Member. Any candidate for election (or anyone else) may make reasonable
requests for factual information about a Council Service. Under the Freedom of Information Act
2000 it may be assumed that this information should be provided in any case in accordance with
that legislation and be dealt with under the Councils Freedom of Information Policy.
23. Can Council premises be used for political meetings?
Candidates are entitled on reasonable notice to use meeting rooms maintainable out of public funds
providing there is no impact on the normal use of the room and as long as they meet the cost of
preparation, heating, lighting and similar costs and costs of damages. It is legitimate to use staff time
to facilitate a booking.
24. Are school visits by politicians different?
The management of schools, which includes permitting access and visits, is usually vested in the
governing body that are independent of the Council. The governing body would be advised to seek
advice from the Council. An explanation will be sought as to why candidates are seeking access to
schools during the school day, as there are few potential voters to canvass.
The same rules will apply to staff employed by the Council in that they will not normally support or
facilitate the visit and need to take care about any photographs that are taken.
25. What sanctions apply?
There are severe sanctions for inappropriate behaviour during an election period for the Council
and individual Members and officers.
The Council can be subject to action by its external; auditors in the event of unlawful expenditure.
If a member uses Council resources for inappropriate purposes, that can be a breach of the
Members Code of Conduct.
An employee who behaves in a politically partial way will be in breach of the Employee Code of
Conduct and could be subject to disciplinary action.
For candidate, the cost of inappropriate/unlawful Council expenditures on political matters could be
added to their election expenses, which may impact on the validity of their election.
26. Social Media
Members or employees who blog or use social networking sites in connection with their work should
take extra care during Pradah and comply with the following guidance:
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Please explain that as a council channel of communication you are governed by Purdah in a
period before the election from 23rd March 2017 until polling day 4th May 2017. It may be
helpful to tweet or post a link to An explanation of Purdah for guidance;
Do not tweet, post or share updates from political parties, politicians or political opinion;
Do not tweet or post on matters which are politically controversial;
Do not tweet, post or share pictures of political parties, politicians or subjects which are
politically controversial;
Do not stage a online campaign unless it can be demonstrated that this is both necessary
and non-political;
Monitor your page and delete any content which is politically controversial with an
explanation that this has been done because of the rules that govern Purdah linking to this
advice;
For employees whose posts are classed as politically restricted, note that the legal bar on
publishing any written work with the intention of affecting public support for a political
party includes writing, sharing or retweeting such content on any social media platform,
even if the item is published in a restricted or closed group;
Council employees who update third party social media profiles as part of their job are
governed by Purdah guidance.
26. Who do I speak to if I am not sure what to do?
Speak to your line manager or:
Steve Newton, Assistant Director, Governance & Monitoring Officer Ext. 4648
Sue Bridges, Principal Governance Officer Ext 4092
Janine Morgan, Senior Litigation Solicitor Ext 4407