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

Skills Pipelines: What local government needs to know image

Skills Pipelines: What local government needs to know

Councils and mayors are to be handed a central role in developing skills pipelines for local industries, as the Government unveils what it calls a ‘fundamental change’ to the education system aimed at tackling youth unemployment. Here's what council leaders and officers need to know.
SIGN UP
For your free daily news bulletin
Highways jobs

Chief Executive

Camden Learning
Competitive
Camden Learning is a pioneering schools-led partnership bringing together 57 schools. Camden, London (Greater)
Recuriter: Camden Learning

Key Worker - Young Carers

Essex County Council
£25959.0000 - £28621.0000 per annum
Key Worker - Young CarersFixed Term, Full Time£25,959 to £28,621 per annumLocation
Recuriter: Essex County Council

Teaching Assistant

Durham County Council
£26,427 pro rata
Temporary from October 26 to August 27. Villa Real School is an all age 2 to 19 years Special School with pupils with SLD, PMLD and Autism. The Gove Consett
Recuriter: Durham County Council

Care Facilitator

Durham County Council
Grade 6 - £29,071 - £32,046
We are looking to appoint a temporary Care Facilitator to be responsible for negotiating and arranging appropriate packages of care for individual ser Spennymoor
Recuriter: Durham County Council

Senior Practitioner Access to Records

Durham County Council
Grade 12 - £45,529 - £49,817
Are you an experienced social worker looking to make a difference in a different way? Do you want to use your professional expertise, judgement and u Spennymoor
Recuriter: Durham County Council
Linkedin Banner