THURROCK Council's senior legal officer has admitted that last week's cabinet meeting on Tuesday, 13 January, to debate whether elections in the borough should be held was convened outside the council's rules.

However, Executive Director of Corporate Services & Monitoring Officer Dan Fenwick, says that has no impact on leading Labour councillors' decision to ask the government to cancel the poll scheduled for 7 May.

Mr Fenwick, the council's senior legal advisor, has responded to questions from Reform group leader Cllr Alex Anderson and concedes formal notice of the meeting to the public did not happen in a mandatory manner.

Last week's cabinet meeting was not properly convened.

Cllr Anderson says the meeting and decision should be invalidated because the  website urgency notice was not published on 5th January as was intended and as required by regulations and the Council's constitution.

However, Mr Fenwick says: "While there has been a breach of the regulations and the constitution, the omission is not likely to affect the legality of the cabinet's decision."

Mr Fenwick's written admission contradicts his own statement to members in the council chamber when he insisted the notice had been published.

His belated admission means the council has clearly flouted the rule that says where a decision is identified as a "key decision" then at least 28 days public notice of specific information about the decision must be given, including the date when the decision is to be made.

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Mr Fenwick accepts this was not done but says there were 'exceptional reasons' why that did not happen.

Mr Fenwick's five page, detailed explanation can be read via the red bar link below.

Cllr Anderson says: "Thurrock Council has admitted it breached national regulations and its own constitution when Labour's Cabinet made their decision to request cancellation of the borough's May elections.

"This extraordinary admission comes against the backdrop of a contested vote at full council last week in which 20 members voted for a Reform motion calling for elections to go ahead, only for council to count 19.

"Dodgy arithmetic, dodgy decisions and councillors that go AWOL just when they are due to vote. Those running the borough are making a mockery of its residents.

"It's only right that government recognise the damage this is doing to democracy in Thurrock and let the people vote."

There was further concern about the council officer capability to administer meetings when a vote at a full council meeting on the same election issue on Wednesday was recorded as 20-19 against elections taking place, even though 20 opposition councillors voted to support the motion.

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