Oldham Council Warned It Could Be Breaking Law Over Leadership Vacuum
Oldham Council Warned It Could Be Breaking Law Over Vacuum

Oldham councillors have been warned that the local authority could soon be breaking the law unless they elect a leader within two weeks. The warning comes from the council's top legal officer, Alex Bougatef, who sent a letter to all elected members on July 2, 2026.

Leadership Deadlock After May Elections

The crisis began after the local elections on May 5, which left no party with a majority or even a third of seats. Since then, bids to lead the council from Labour, Reform UK, and an alliance of parties have all been rejected. The council has been operating under emergency powers, but key political decisions cannot be made and multiple meetings have been cancelled.

One councillor described the situation as akin to 'a poisoned lake'. The July 1 meeting lasted only half an hour, with little public debate. The Local Government Association is supporting all groups to find a way forward, but the deadlock risks the appointment of expensive government commissioners.

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Legal Warning from Monitoring Officer

In his letter, Mr Bougatef stated: 'To ensure every councillor is fully aware of the legal position, the governance risks, and the potential consequences of the council's continued failure to comply with its statutory obligations.' He emphasised that the UK Government's advice is 'clear' that the current situation does not comply with the law and 'the current position is not sustainable beyond the very short term, and councillors' continued failure to appoint a leader and key office holders is unlawful'.

He added: 'Officers are currently relying upon emergency decision-making powers which were not intended to operate over any period of time. The longer the council remains without a leader, the greater legal uncertainty surrounding executive decision making and the greater the risk that decisions may be challenged.'

Potential Consequences

If decisions are challenged in court, costs could be awarded against the council, costing taxpayers money. The stalemate also threatens the council's delivery of children's services rating. The next meeting to resolve the deadlock is set for July 15. After that date, Mr Bougatef said it 'will become increasingly difficult to demonstrate that councillors have taken all reasonable steps available to resolve the position. Councillors would be failing to act responsibly and the council will be operating unlawfully.'

He warned he would then prepare a Section 5 report, which is produced when a council monitoring officer believes the council has or is about to break the law. In a final plea, Mr Bougatef said: 'Every councillor should therefore recognise that the appointment of a leader is no longer simply a political matter. It is a matter of legal compliance, statutory governance, and the council's ability to continue operating lawfully.'

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