Should councillors take part if it isn't legally sound?

Question

You only have to look at websites like this or CPALC to realise that many councils act in un-lawful ways. Some would suggest that there is a range in seriousness from 'small things' such as vague agenda items to 'serious' cases where councillors spend money without permission of the council. But the rules are usually quite clear and something is either lawful or un-lawful.

Of course councillors should always try and get things done in the best possible ways but when should a councillor say that they are not taking part beause something is being done in a legally questionable way? Im suggesting abstaing here and not resigning!

Many councils repeatedly do hundreds of things in un-lawful ways and if I was to say that I won't take part in it it could lead to me rarely voting and abstaining from whole meetings which have been organised in un-lawful ways. However I feel very uncomfortable in taking part in things which are so obviously un-lawful. More often than not it is issues of proccess and proceedure but this can leave it unclear to whether of not something more sinister is going on.

Answer 1

We live in an imperfect world and councils will make mistakes.  And there are always boderline cases where it is hard to know what is the lawful route.  But those are not reasons for failing to comply with the law that governs local councils.

An approach that I find helpful is to consider whether something breaches the principle that the legislation aims to embody.  So, for example, publishing agendas with proper notice is about enabling electors to make representations to the council if they are concerned about a decision that may be made.  If something breaches this principle, then it is wrong.  If nothing much was lost, then maybe it isn't worth worrying about.

If you are aware of something being wrong and consider it important, perhaps you could insist on your concern being minuted.  In a serious case, this could be important in ensuring that you do not become personally liable for a recklessly unlawful decision.

There is plenty of information available, it should be possible for councils to operate within the law at least most of the time.