Section 85 (1) of the Local Government Act 1972 requires a member of a Local Authority to attend at least one meeting of that Authority within a six month consecutive period, in order to avoid being disqualified as a Councillor. This requirement can be waived and the time limit extended if any failure to attend was due to a reason approved by the Authority, in advance of the six month period expiring.
Unfortunately, due to a serious illness and extended hospital admission Councillor Julian Ashbourn, Berkhamsted West Ward, has not been able to attend any Council or Committee meetings since the Council Meeting on 20 April 2016. A formal request has therefore been made for an extension to the six month rule to be approved in his respect.
Section 85 (1) of the Local Government Act 1972 states that “if a member of a Local Authority fails, throughout a period of six consecutive months from the date of their last attendance, to attend any meeting of the Authority they will, unless the failure was due to some good reason approved by the Authority before the expiry of that period, cease to be a member of the Authority.” Attendance can be at any committee or sub-committee, or any joint committee, joint board or other body where the functions of the Authority are discharged or who were appointed to advise the Authority on any matter relating to the discharge of their functions.
Councillor Ashbourn has not been able to attend any Council or Committee meetings since the Council meeting on 20 April 2016, due to a serious illness and extended hospital admission. The Monitoring Officer has received a request for the Council to consider approving an extension to the usual six month attendance rule enabling him to remain in office until he is able to resume normal duties.
Council can only consider approval of any reasons for non-attendance before the end of the relevant six month period, which will be 20 October 2016. Councillor Ashbourn has confirmed that he will not able to attend Council meetings for the foreseeable future and so this request has been submitted to approve an extension of the usual six moth rule.
Councillor Ashbourn was elected to the Council in May 2015 and represents Berkhamsted West ward. In addition to full Council he also serves as a member of Finance & Resources, and Strategic Planning and Regeneration, Overview and Scrutiny Committees.
Section 85 (1) of the Local Government Act 1972 enables a Local Authority to approve the reason(s) for non-attendance of a Member at any meeting of the Authority throughout a period of six consecutive months, provided that approval is given by the Authority before the expiry of the six month period.
This is the final Council meeting at which approval could be sought for an extension of the time limit. If approval to any extension is not therefore agreed at this meeting Councillor Ashbourn would, under Section 85 (1) of the Local Government Act 1972 be disqualified after 20 October 2016 from office as a councillor.
Once any councillor loses office, through failure to attend for the six month period, the disqualification cannot be overcome by the councillor subsequently resuming attendance nor can retrospective approval of the Council be sought for an extension in time.
The Council is asked to approve Councillor Ashbourn’s non-attendance at meetings of the authority due to ill health for a six month period up to 20 April 2017 pursuant to Section 85 (1) of the Local Government Act 1972.
Decision:
The Waiver of the 6 month Councillor attendance rule (section 85 Local Government Act 1972) in respect of Cllr Ashbourne was seconded by Councillor Griffiths and agreed by Members.
Minutes:
The Waiver of the 6 month Councillor attendance rule (section 85 Local Government Act 1972) in respect of Cllr Ashbourne was seconded by Councillor Griffiths and agreed by Members.