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Unlawful Sub-Committee

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Is there a mechanism, other than a special motion, that can reverse an unlawful [possibly illegal] decision?

I ask soley as I can't see how a special motion can take place now due to Covid 19 unless anyone know how a special motion can be performed at this time.

Equally, can I propose during the minutes section of a meeting that the unlawful [possibly illegal] sub committee cannot meet? [It was forged outside of delegated powers]
asked by (2.8k points)
edited by

1 Answer

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I think you need to provide a few more details.  Implementation of most council decisions will start with the Clerk and these should be via recorded resolutions.  Was the decision ratified by full council on the basis of a recommendation of what you regard as this unlawfully assembled group of councillors?, Did such a group identify themselves as a working party or a named committee?  And was any previous resolution given to call for the assembled group of people to meet?
answered by (13.6k points)
I'm afraid the point made by Counterpoint is not quite correct. Minutes for full council meetings and all committees except staffing should be made public. If you take a look at any other tier of governments transparency you'll notice everything minuted except staffing.
If you google Open and Accountable Local Government and read the document - final paragraph of page 9 will highlight how the same procedure can apply.
As stated minutes can and should be made for the staffing panel but should not be open for all under this principle.
I don't know that you can get away with that so easily. You need statutory support for the claim that staffing committee minutes are not available to the public. This would be a very poor principle, as many of the matters to be considered by a staffing committee do not relate to individuals and should not be secret. For example, the maintenance of sound documents to govern procedures. Looking around the web, you will find minutes for many staffing committees of parish councils. You would also need to consider the Local Government (Access to Information) Act 1985 which includes a stipulation: "Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information." That is pretty much how I described the requirement for staffing committee minutes.
I'm not disagreeing with you. I'm simply saying it doesn't have to be. Best practice is to be as transparent as possible. But there are justifiable times when thinks must be kept private and unpublished, which is different to unrecorded.
I understand. Thank you both. I can only pressume minutes may be shared with Council if not personalised or the specific more detailed versions via a court order or an employment dispute? Possibly via a Subject Access Request?
I do appreciate all the feedback here. My Council has never had a proper committee since I've been on it so it's all "new" - other than a Planning Committee
By default, all minutes are to be made available including staffing committee minutes. Omission of personal details and other items from staffing committee minutes and public attendance is permitted under schedule 12 of the Loc gov act 1972 and other acts. However I believe the minutes should be published and at least convey the scope of what took place in accordance with the agenda items on the summons. So for example it could  2.  Allegation of bullying: Resolved that no  action was required.

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