High Court ruling signals end of council virtual meetings

The High Court has dismissed a claim that would have allowed for the continuation of local authority remote meetings beyond 7 May.

The Association of Democratic Services Officers (ADSO), Lawyers in Local Government (LLG) and Hertfordshire County Council argued that councils could use existing powers to meet remotely beyond 6 May, after the government refused to extend emergency legislation allowing it to happen.

James Jamieson, chairman of the Local Government Association said: “It is very disappointing that this last avenue to allow councils to hold online and hybrid meetings whilst Covid-19 restrictions are still in force has not been successful. Councils by law, have to hold annual meetings within 21 days following local elections, so many will now have to use very large external venues to allow all members of the council to meet in person.

“Councils want to continue to have powers to hold online and hybrid meetings even when restrictions have been lifted. A recent LGA survey of its members revealed that 83 per cent of councils said they would be very likely or fairly likely to conduct meetings both online and in a hybrid way once the coronavirus emergency was over if they had the power.

“The current flexibility has been paramount in allowing access for both councillors and the public into council meetings.  Many councils have, in fact, seen significantly increased participation by the public in meetings where important decisions are made about planning, housing and the provision of local services. Councils want the flexibility to continue to meet in this way and continue their business, especially in times of emergency such as when flooding occurs or if there is significant traffic disruption due to weather conditions.

“The government gave clear evidence at the hearing in support of allowing the option of online and hybrid meetings. Unfortunately, the judgement is clear that primary legislation is needed to allow councils to use technology to hold meetings.”