Questions about town and parish councils
Follow Councillor Q&A on BlueSky

Follow us on BlueSky

0 votes
Research into statutory requirements for Agenda construction produces references to Longfield Parish Council versus Wright 1918 (88 LJ ch.119). I cannot find a summary in any of Paul Clayden's works, and web searches lead me to fee charging sites.  Can you help?
by (1.2k points)

1 Answer

0 votes
The court's decision usually seems to be summarised as "A council cannot lawfully decide any matter which is not specified in the summons".

Or putting it in the negative, any decision made without a clear agenda item is unlawful.

The full judgement included:

"It may be that a very important question is going to be considered at the meeting; it may be on the other hand that the only business is purely formal, paying some tradesman or something of that description. In the one case the members would attend in force and in the other case it was a mere matter of form, the members would not attend beyond the necessary quorum. Accordingly, the notice convening the meeting should contain sufficient description of the important business which the meeting is to transact, and the meeting cannot in ordinary circumstances go outside the business mentioned in that notice"

(The summons is the injunction on councillors to attend the meeting, followed by the agenda for the meeting. It's called a summons rather than an invitation or similar because councillors have a duty to try to attend council meetings).

Another decision was R v The corporation of Dublin (1911) where a special meeting of the corporation was summoned on a requisition of seven ratepayers to consider the question of unemployment in the city and ways and means of alleviating it. At the meeting a resolution was passed authorising the city treasurer to arrange payment of £10,000 on useful works for the alleviation of unemployment. It was held that the notice of the meeting was insufficient to enable the meeting to pass such a resolution. This case gives an indication of how the agenda needs to give a clear and reasonably precise indication of what is to be considered.

Although these judgements refer primarily to informing councillors about matters to be considered, I would regard it as equally important that the public should be informed in advance of the meeting, so that they have the opportunity to express their views to councillors.
by (33.6k points)
edited by

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

3,120 questions
6,168 answers
8,590 comments
10,870 users
Google Analytics Alternative