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Judicial review: Removal as councillor


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Hi. Are you sure this is JR material? I've never been involved in one but I thought they were about the constitution or matters of public interest.

 

HB

Illegitimi non carborundum

 

 

 

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Ive already applied for JR. I am waiting for the Councils response now.

 

The issue is: they decided to remove me as a councillor (oct 2020) for not emailing them for six months. Meetings were suspended in March 2020.

 

The law states in the LGA that councillors can only be removed for non attendance of meetings over six months. 

 

Also says, if meetings are suspended that period does not count.

 

Anyway... thats not why im here.

 

The parish council are now using the borough councils legal team...   and thats what i wanted to question. 

 

Parish councils are independent so using a borough council legal team i think is a bit shady?? Or maybe not...?

 

 

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Why would the Parish Council using the Borough's legal advisors be "a bit shady"?  A Parish Council isn't going to be able to afford to employ it's own legal officers, so it will have to look for that expertise from outside.  The borough/city/council legal officers would be the obvious people to look to for this service as they will be (hopefully) expert in public law and better qualified to advise a publicly elected body that a firm in private practise.  There is in all probablity some sort of service level agreement in place providing for this already.

 

Have you any idea what a Judicial Review would be likely to cost you unless you win and get your costs awarded?

 

I doubt that a properly advised council would remove you simply for not attending meetings if those meetings are, as you claim, suspended.  Why did you not engage at all with them for over six months?  It seems odd to do that and then complain they have removed you.

 

Without more info from you it's difficult to advise further...

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On 20/01/2021 at 17:44, Manxman in exile said:

 

Have you any idea what a Judicial Review would be likely to cost you unless you win and get your costs awarded?

 

 

I just want to echo this.

 

Without wanting to sound patronising to the OP, a lot of people think that Judicial Reviews are just a case of a judge reviewing a few papers. In fact JRs are serious, complex & big-bucks litigation that a litigant in person couldn't hope to navigate and the adverse legal costs a claimant would face if they lose would start at the mid tens of thousands.

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