Question

Which piece of law specifically relates to this question of closed session decisions being recorded?

Answer 1

The Local Government Act 1972, Schedule 12, paragraph 41 requires "Minutes of the proceedings of a meeting of a local authority shall ... be drawn up and entered in a book kept for that purpose and shall be signed at the same or next suitable meeting of the authority...".

The Local Government Act 1972 section 228 (1) grants the right of inspection: "The minutes of proceedings of a parish or community council shall be open to the inspection of any local government elector for the area of the council and ... may make a copy...".

The legislation does not contain any exceptions in relation to decisions made when the public has, by resolution, been excluded from a meeting.

Comments

Thanks - it was the interpretation that closed sessions are in essence no different to open sessions when it comes to recording minutes and decisions that has clarified it for me.

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Does evidence of a systematic, sustained and deliberate act to conceal decisions reached in closed sessions over a 2.5 year period constitute a 'criminal wrongdoing', and thus it can be referred to the police?

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I can't be authoritative on this, and there is little precedent for how the police will deal with local councils.  My guess is that it will be hard to get them involved, and there will have to be clear evidence of wrongdoing leading to personal gain.  Offences of fraud or similar are notoriously difficult to prove to the standard required for a criminal conviction.