Croydon council refuses to reveal cost of delayed election count

By Tara O’Connor, Local Democracy Reporter

Croydon council has refused to reveal the cost of May’s local election count – which overran and lasted three days.

It took the authority six months to respond to a Freedom of Information (FOI) request asking how much it spent on the count at Trinity School in Shirley Road.

Public bodies are supposed to respond to requests under the FOI Act within 20 working days. The council was asked to provide breakdown of costs by day (May 6, 7 and 8) and cost of school hire, council staff, counting staff and security staff costs.

But the council would not provide the information, claiming the information falls under the duties of the council’s returning officer, Katherine Kerswell, who is also Croydon’s chief executive.

It claims that the council’s returning officer is not a public authority.

The 2022 count for new councillors and the borough’s first directly elected mayor were both supposed to take place on one night, May 6, a day after voting day.

After the mayoral count took longer than expected the full council votes had to be counted over two days split across the weekend of May 7 and May 8.

This was due to the space available at Trinity School as there were other activities booked in the large sports hall.

These delays meant Croydon was the last council in London to declare its election results.

The council response said: “The information you have requested is the responsibility of Katherine Kerswell, the returning officer.

“Under the representation of the People Act 1983 the duties of the returning officer are separate from their duties as a local government officer which has the effect of making the office of returning officer totally distinct from the office by virtue of which they have become a returning officer. 

“It is therefore now settled that a returning officer is not a public authority subject to [the freedom of information act].

“As the information you have requested relates to election services carried out by the returning officer of the council the information is not held by the council.”

It goes on to say a 2015 decision from the Information Commissioner’s Office relating to Luton Council ruled that the FOI Act does not apply to the offices of local authorities election registration or returning officers.

Croydon council did not respond to a request for comment.

Pictured top: Bernard Weatherill House, Croydon council offices, Fell Road (Picture: Tara O’Connor)