Follow Councillor Q&A on Twitter

Follow us on Twitter

0 votes
If a clerk convenes an extraordinary council meeting contrary to standing orders are the resolutions passed at that meeting valid decisions of the council? If they are not valid decisions and are acted upon by the council including the spending of money to whom should one refer the issue to? Apart from the extrernal auditor who will only look at it as an objection if it is financial there is no other body to report it to. This implies that local councils can do what they want, legal or otherwise without fear of retribution. Does anyone know where the matter should be dealt with. The council in question has issued an apology in words alone and taken no steps to remedy the problem.
by (360 points)

1 Answer

+1 vote
This sounds a bit of a complex one and without a full understanding of all the facts, a definative reply is difficult. However the following points may be relevent. The Clerk cannot convene a meeting, only the Chair (or two members) can upon giving three clear days notice. No expenditure should be incurred or committed to unless such notice is given. This is a legal requirement and the standing orders cannot limit this. Any decision taken without such notice is capaple of being challenged and if done so successfully, will be declared illegal. Note however that the council can always call a further meeting in compliance with the rules and then proceed to set aside the decision and then remake it. It then becomes legal. If a decision is made contrary to standing orders, although not contrary to the law, the council can proceed in a similar fashion and resolve to set aside the relevent standing order before re-making the decision. Any complaint should be made to the council concerned. I hope this helps.
by (3.9k points)
Who disciplines Parish & Town Council for errors

Welcome to Town & Parish Councillor Q&A, where you can ask questions and receive answers from other members of the community. All genuine questions and answers are welcome. Follow us on Twitter to see the latest questions as they are asked - click on the image button above or follow @TownCouncilQA. Posts from new members may be delayed as we are unfortunately obliged to check each one for spam. Spammers will be blacklisted.

You may find the following links useful:

We have a privacy policy and a cookie policy.

Clares Cushions logo Peacock cushion

Clare's Cushions creates beautiful hand made cushions and home accessories from gorgeous comtemporary fabrics. We have a fantastic selection of prints including Sophie Allport and Orla Kiely designs and most covers can be ordered either alone or with a cushion inner. Buying new cushions is an affordable and effective way to update your home interior, they're also a great gift idea. Visit our site now

Google Analytics Alternative