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UK Local Elections 2026
6MAY

Section 106 conviction vacates Reform seat

3 min read
17:39UTC

Andy Osborn, 74, Reform UK councillor for Roman Bank and Peckover, was found guilty at Westminster Magistrates' Court on Thursday 16 April under Section 106 of the Representation of the People Act 1983, fined £1,800 and forced to vacate his Cambridgeshire seat.

PoliticsDeveloping
Key takeaway

A Reform councillor lied on Facebook about a rival candidate, lost in court, and lost his seat.

Andy Osborn, 74, Reform UK councillor for Roman Bank and Peckover on Cambridgeshire County Council, was found guilty at Westminster Magistrates' Court on Thursday 16 April of publishing a false statement about a candidate contrary to Section 106 of the Representation of the People Act 1983 1. District Judge Nina Tempia rejected his claim that his Facebook account had been hacked when a 2025 post asserted that Conservative candidate Samantha Hoy had "worked in the care industry but allegedly was sacked for fraud". Osborn was fined £1,000 with £400 costs and a £400 victim surcharge, totalling £1,800. The conviction triggers automatic disqualification from his council seat and a by-election.

This is the first known Section 106 conviction of a Reform UK elected representative. The standard reference for the statute's reach is the 2010 election court ruling on Phil Woolas, the Labour MP whose election was voided after a Section 106 finding for false statements about his Liberal Democrat opponent. Osborn's case ran through magistrates rather than election court, reflecting the case-by-case route, but the substantive offence is the same. In practice, the conviction triggers an automatic by-election in a Cambridgeshire ward weeks before the full county council election. Section 106 is the same statute that constrains every reporter writing about a candidate in the eleven days before 7 May .

Deep Analysis

In plain English

Section 106 of the Representation of the People Act 1983 is a law that makes it a criminal offence to knowingly make false statements about a candidate's personal character or conduct in the run-up to an election. Andy Osborn, a Reform UK councillor on Cambridgeshire County Council (elected in May 2025), posted on Facebook a false allegation that a Conservative candidate, Samantha Hoy, had committed fraud. He claimed his account had been hacked and he had not written it. District Judge Nina Tempia at Westminster Magistrates' Court rejected that defence and convicted him. Osborn's Cambridgeshire County Council seat is vacated automatically under the Act. He was fined £1,800. A by-election follows. This law is rarely used. The last major case at parliamentary level was in 2010, when a Labour MP, Phil Woolas, lost his seat under the same provision after making false claims about his opponent.

Deep Analysis
Root Causes

Section 106 survives as an enforcement mechanism despite being rarely used because the standard, a 'false statement of fact about the personal character or conduct' of a candidate, has a high bar compared to defamation. The Osborn conviction indicates the post made a specific factual allegation (that Hoy had committed fraud) that the court found demonstrably false, as opposed to a political attack or characterisation.

Cambridgeshire County Council cannot waive the vacancy that flows from a Section 106 conviction. A by-election must be held, meaning Reform UK loses the seat until a further vote in that ward.

What could happen next?
  • Consequence

    Osborn's seat on Cambridgeshire County Council becomes vacant immediately, triggering a by-election that Reform must contest again to retain the seat weeks before the 7 May main elections.

  • Precedent

    The conviction is only the second Section 106 case to result in a seat vacating at any level in the social media era, setting a live precedent for future prosecutions of false candidate-targeted Facebook posts.

First Reported In

Update #5 · 11 Days to Go: Six-of-six, RPA dies, Welsh lead flips

Mark Pack· 26 Apr 2026
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Causes and effects
This Event
Section 106 conviction vacates Reform seat
This is the first known Section 106 conviction of a Reform UK elected representative; the same statute constrains every reporter writing about a candidate in the eleven days before 7 May.
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