The six month rule - application to new council

Question

Does the failed 6th month proposal rule apply after a new council is voted in after the May elections?

Answer 1

Unlike President Biden who wrote of some 50 previous decisions by the previous government on his first day Parish councils are best served by continuation of previous decisions of previous councils. This is because they are Apolitical and should be there to serve the interests of the community they represent. That is not to say that they cannot review and amend or repeal decisions made by previous councils providing their decisions are based in fact and the process is open and transparent and well documented. Of course they should proceed from the starting point that all previous councils have made sound professional decisions. Those that don't pass this test should be very easy to challenge.

Comments

I would agree, and this is helped by having an action tracker which lists decisions made and how they are getting on.  Often decisions time out and need laying to rest by council vote.  But looking though the minutes of past decisions (in the council I joined) only 65% were acted on, the rest fell by the wayside without appropriate burial or did a groundhog day and were voted on again, to once again get kicked into the long grass.

Answer 2

Section 85 of the Local Govt Act is where the 6 month rule is derived from, but it does allow the rule to be waived if there is good reason. It would be helpful if we knew more here, particularly specific dates. Has the council been holding virtual meetings every month from October 2020?  Technically every member of the council ceases to be a councillor at the 10.00 pm close of the poll in May until the returning officer declares who has been duly elected, except for uncontested wards. .However if the principal authority allows somebody to stand for re election, even if they were due to be disqualified, then I would argue the clock is reset to the first meeting of the newly elected members in May 2021.