Can the Clerk refuse to supply copies of legal advice if not how do Councillors get their hands on it ?

Question

A Council in closed session is asked to make a decision based on extracts from “ legal advice “

This is about a Covenant not an individual, a sub committee has already made a decision to refer to full Council even though they saw no legal advice at all

The Councillors were only shown extracts this is quite common and sometimes the Councillors aren’t even told who gave the advice
A Councillor asked to see the full correspondence and the Clerk then sent them “ to Coventry “ and refused to accept any correspondence from them
So how can Councillors be expected to make decisions based on “ edited highlights “ and what right have they to see the full correspondence
This sometimes happens with matters that are not even in closed session

Answer 1

The clerk needs a rocket!

This tendency to present legal or specialist advice as highlighted or edited sections is nonsense and often abused in order to skew the supposed advice.

It is essential that the full, verbatim, unabridged question and the full, verbatim, unabridged answer are presented in a joined up correspondence trail.

Too many examples of part answers to part questions being presented in support of a biased position.

Answer 2

Was this legal advice commissioned and paid for personally by the Clerk in a personal capacity? No, it was commissioned on behalf of the Council, which is the client and entitled to see it in full.

Answer 3

If you don't feel sufficiently informed to make a decision, then don't make one

Answer 4

Jules

The councillors have to see the full advice.  The clerk is not qualified to give independent legal advice, nor to edit it prior to sharing it with councillors.    As noted in the answers, the council should not vote on the matter until they have seen the full advice.   The councillors then have to consider if the advice is any good in its own right (and often is it not, as context is missing or misunderstood).  Good luck - keep us informed.