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

Standards, Compliance and Development Manager - Children’s residential provisions

Oxfordshire County Council
£57187.00 - £60485.00
This role will lead on Quality Assurance, Standards development, and Regulatory compliance for Oxfordshire’s residential children’s provision, including the unregulated reforms 2022. The post holder will conduct internal inspections within the registe Countywide
Recuriter: Oxfordshire County Council

Streetcare LGV Driver / Operative - WMF2112e

Westmorland and Furness Council
£27,711 - £28,624
Westmorland and Furness Council are seeking to employ an enthusiastic and motivated person into a Street Cleansing role Cumbria
Recuriter: Westmorland and Furness Council

Specialist Communication Support Worker (CDC)

City Of Doncaster Council
Grade 7, £27,259 - £29,955 (pay award pending)
The City of Doncaster Council puts improving the life of its residents at the centre of everything we do. Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Apprentice Social Value

Durham County Council
£14,566
Earn. Learn. Qualify.   Do you want to earn while you learn, with the chance of progression once you qualify? Do you want the opportunity to grow, dev Durham
Recuriter: Durham County Council

Pay Reward and Employment Services Support Officers

Durham County Council
£25,584 to £27,711 p.a. (Grade 5) Pay Award Pending
An exciting opportunity has arisen for ten Pay, Reward & Employment Services Support Officers to join our CIPP accredited team.   WHAT IS INVOLVED?  Spennymoor
Recuriter: Durham County Council
Linkedin Banner