A Reform UK member has been reported to police for potentially breaching election campaign spending limits.

Neil Stevens, who won the Alphington and Cowick seat in May’s Devon County Council elections by just 72 votes, has been reported by a fellow Reform UK councillor for the alleged overspend, and for a suspected false election expenses return submission.

Cllr Ed Hill (Pinhoe & Mincinglake), chairman of the Exeter branch of Reform UK, has also informed legal staff at Devon County Council.

Documents seen by the Local Democracy Reporting Service show Cllr Neil Stevens’ election campaign spending limit was £1,827.04.

However, documents show he actually spent £1,995.72, an overspend of £168.68.

Cllr Neil Stevens said he believed the spending limit only related to the money he had personally contributed to his campaign – £1,703.60 – and not to donations of £292.12 he received, meaning he believed he was below the spending limit.

He added the returns were completed with “the support of my election agent and reviewed before submission”.

“Had there been any issue, the returning officer, electoral services or party leadership at county level would have been notified – and none have raised concerns,” he said.

Cllr Hill was previously Cllr Neil Stevens’ election agent. However, Robert Edwin Sheridan Jr is named as the agent on the expenses submission forms.

Cllr Hill said he warned Mr Stevens prior to the recording of a podcast that he was getting close to his spending limit.

He claims Cllr Stevens told him he had found some recording equipment, and so there wouldn’t be a cost to the podcast recording, however, an invoice for £250 from a professional podcast recording studio in Ide, near Exeter, emerged.

Cllr Hill said he told Mr Stevens the cost of the podcast had to be included in the expenses return, and warned this would take him over his spending limit.

Subsequent events led to Cllr Hill being fired as the Alphington councillor’s election agent on 2 June, and the deadline for filing the expenses return was four days later.

Cllr Hill also alleges that another £250 podcast recording expense claimed by Cllr Stevens’ brother, Cllr Tony Stevens (Reform UK, Exwick & St Thomas), who won his seat by a wafer-thin 22 votes, should be split equally between them.

If correct, that would mean that Cllr Neil Stevens has exceeded his spending limit by an additional £125 – meaning a potential total overspend of £293.68, or 16 per cent over his spending limit.

Cllr Hill said he had reported Cllr Neil Stevens, Cllr Tony Stevens and Robert Edwin Sheridan Jr [the pair’s named election agent] to the police on 1 June.

Exceeding limits on candidate expenses can lead to an unlimited fine, while making a false declaration attracts the same punishment and/or up to six months in prison for a less serious summary conviction, or up to 12 months on indictment, according to the College of Policing.

“I referred the matter to electoral services as soon as I became aware of the issue on 1 June, and subsequently to the police,” Cllr Hill said.

“We will hold our elected councillors to the same high standards that we expect of others. There are no exceptions, and that is exactly what we promised on the 50,000 leaflets we posted through the doors of Exeter, and that is exactly what I have upheld.”

The Electoral Commission says candidates and agents must sign a declaration that the return is “complete and correct to the best of their knowledge and belief”.

“It is your responsibility to fully and accurately report candidate spending,” it states, adding: “It is a criminal offence to make a false declaration knowingly.”

Cllr Neil Stevens added that he is “fully confident” in the accuracy of his election expenses return.

“Reform UK head office is reviewing the claims, and I am confident they will find no wrongdoing,” he added.

Cllr Tony Stevens was contacted for comment but declined.

Rob Sheridan, who is named as the election agent on both Cllr Neil and Cllr Tony Stevens’ election expense forms, said he was “confident” there were no errors and that third parties had checked them.

He added further checks to the returns were now being made, and if there had been an error, then an amended return would be filed.

Cllr Michael Fife Cook (Reform UK, Yelverton Rural), leader of Devon’s Reform UK party, said if either of the Stevens brothers had done something wrong, then “action would be taken” by the party.

A spokesperson for the Electoral Commission told the Local Democracy Reporting Service: “As part of our work to provide advice and guidance, we have been in touch with the local authority.

“The spending limit applies to all spending during the regulated period in the run up to the local elections. This includes any personal money spent, and spending of any donations received. We provide additional guidance on candidate spending on our website.

“While there are reporting requirements for donations, the amount of donations received does not affect the spending limit. Any allegations of spending over the limit would be a matter for the police.”

A Devon & Cornwall Police spokesperson wouldn’t comment on the matter.

“In line with College of Policing guidelines, we can neither confirm nor deny whether any named individuals are or have been subject to police investigation,” the spokesperson said.

Devon County Council also declined to comment.