25 May 2018: Press Release for Immediate Release regarding the Judgement in the proceedings issued in the High Court by Councillor Elizabeth Harvey against Ledbury Town Council, as handed down by Mrs Justice Cockerill on 1 May 2018:
The judgment in the proceedings issued in the High Court by Councillor Elizabeth Harvey against Ledbury Town Council was handed down by Mrs Justice Cockerill on 1 May 2018. The judge declared that the Town Council’s decision of 11 May 2017 was “ultra vires” or not within their powers, it was substantially and procedurally unfair. This decision arose following grievances lodged by the Town Council’s former Town Clerk and former Deputy Town Clerk in respect of the alleged bullying behaviour by Councillor Harvey.
The judge decided as a result of the provisions in the Localism Act 2011, governing Code of Conduct issues, the Town Council was not permitted to impose the sanctions it did in this case, which included limiting Councillor Harvey’s work on the Town Council.
As the judge indicated, the case is of considerable importance to local authorities, particularly as the Town Council took legal and practical advice from the National Association of Local Councils as to the procedure to be followed and acted upon it.
Thus Councillor Harvey (and Councillor Harrison, who was also subject to the 11 May 2017 decision) will be able to resume their duties on the Town Council.
Ledbury Town Council offers its apology to Councillors Harvey and Harrison for the actions it took against them.
For further information please contact Ledbury Town Council [01531 632306].