Is holding an inquorate meeting 'unlawful'?

Question

About a year ago a meeting of a parish council staffing committee (an advisory committee) was held to consider a serious staffing issue. Unfortunately, it turned out to be inquorate. It went ahead anyway on an unofficial basis and made some strong recommendations which were circulated to all councillors. The recommendations were never discussed at a council meeting or acted on and shortly afterwards the chair resigned, making strong criticisms about the main member of staff concerned and the council. The meeting is now being claimed to be ‘unlawful’. Is that really true? Surely a group of councillors can lawfully meet unofficially anytime, anywhere to discuss anything they choose and recommend anything they want to anyone? Inquorate meetings have no official standing of course, but no-one has suggested otherwise.

Answer 1

An inquorate meeting is not unlawful as such but any decisions taken are unenforceable.  However, if the committee wasn't empowered to make decisions anyway, I'd argue no real harm done.  The decision making body here appears to be full council and if full council didn't take action, then so be it.

Answer 2

Would this be a fair interpretation of the situation:

• There were identifiable issues in relation to a staff member which required the attention of the staffing committee
• The committee was convened but was inquorate so no formal record
• No output from the committee was presented to and endorsed by the PC
• Chair resigned
• Staff member remained
• Issues associated with subject staff member have continued / expanded
• There is now an attempt, based upon previous history, to address staff issues
• Subject staff member, or clerk, is seeking to disallow any historic performance issues being introduced into current examination of circumstances

Is that anything close to what you are seeking to address?

The absence of formal records does not preclude the inclusion of known historic performance related issues, whether in the form of contemporaneous notes or anecdotal submissions, in a current performance assessment, improving efficiency measures or disciplinary process.   Formal records may carry more weight, depending upon the scale of the issue, but there is no barrier to 'other' forms of evidence, contribution or justification for performance review process.  

Answer 3

Taking your description at face value, In my opinion the only 'unlawfulness' would have been if any critical decisions (eg. to dismiss a member of staff) had been  taken at this inquorate meeting.  That did not happen and the event was nothing more than a talking shop.  I do not mean to be unkind in describing it as such - I merely put it that way in order to distinguish it from a properly convened meeting where decisions were taken.