Heather Jameson 28 April 2021

Virtual council meeting challenge dismissed by High Court

Virtual council meeting challenge dismissed by High Court image

Councils will not be able to continue to meet virtually after 6 May after High Court Judges dismissed a legal challenge by local government.

The Association of Democratic Services Officers (ADSO), Lawyers in Local Government (LLG) and Hertfordshire CC launched a judicial review after the Government refused to extend emergency legislation to allow virtual meetings beyond the 6 May deadline.

In a hearing last week, they argued councils could use existing powers to meet remotely. It would remove the need for primary legislation, which the Government claims is not possible.

However, judges have now ruled a ‘physical presence’ is needed for remote meetings under existing legislation. They claimed: ‘The decision whether to permit some or all local authority meetings to be conducted remotely… involves difficult policy choices on which there is likely to be a range of competing views.’

Those decision, they concluded, ‘are for Parliament, not the courts’.

ADSO chair, John Austin, said he was ‘extremely disappointed’ with the judgement. The situation Councils now find themselves in is untenable and I call on the Secretary of State to back up his support for our claim and legislate quickly, as Governments have in Wales and Scotland,’ he said.

President of LLG, Quentin Baker, added: ‘I’m confident that we have paved the way for Government to legislate and LLG will be working closely with ADSO to assist the secretary of state to deliver that outcome.’

Local Government Association chairman, Cllr James Jamieson, also voiced his disappointment. ‘Councils by law, have to hold annual meetings within 21 days following local elections, so many will now have to use very large external venues to allow all members of the council to meet in person,’ he said.

Even communities secretary Robert Jenrick has publicly announced he is in favour of virtual meetings, despite the Government’s claim there is no room for primary legislation.

LLG and ADSO have vowed to continue to lobby for legislation to be brought forward quickly to amend the rules and allow councils to meet virtually.

There is currently a government consultation on the issue underway.

Jackie Weaver makes the case for virtual meetings

SIGN UP
For your free daily news bulletin
Highways jobs

Head of Democratic Services, Elections & Monitoring Officer

Harborough District Council
Grade 12 £67,236 – £71,223 plus £3000pa Statutory Officer Allowance
We are looking for an accomplished and proactive leader for our vacant post of Head of Democratic Services & Elections Market Harborough, Leicestershire
Recuriter: Harborough District Council

Social Worker

Durham County Council
£35,412 - £39,152 (pre-progression) / £40,777 - £45,091 (post-progression)
We are looking for social workers who have completed the assessed and supported year in employment to join our Families First teams, working with our Durham
Recuriter: Durham County Council

Social Worker

Durham County Council
Grade 9 £35,412 - £39,152 (Pre-Progression) / Grade 11 £40,777 - £45,091 (Post-Progression)
Are you a nurturing social worker passionate about supporting parents so that children can remain with their birth family?     This could be the right Durham
Recuriter: Durham County Council

Administrative Officer

Durham County Council
Grade 4 £25,583 - £26,824
An exciting opportunity has arisen for a Administrative Officer to join our busy, friendly team, supporting Children and Young People’s Services. 1 x Spennymoor
Recuriter: Durham County Council

Lunchtime Play Worker

Durham County Council
£24,796 pro rata
Lunchtime Play Worker Grade 1 £24,796 pro rata Part Time - 6.25 hour per week, Monday – Friday
Recuriter: Durham County Council
Linkedin Banner