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News  »  Proposed Abolition of Parish Council Unlawful

   Proposed Abolition of Parish Council Unlawful    April 17, 2019

On 17 April 2019, the High Court held that the proposed abolition of Britwell Parish Council by Slough Borough Council was unlawful. The judge therefore quashed the Abolition Order which Slough BC had proposed to implement. The judge also quashed the separate Abolition Order which Slough BC had proposed to implement.against Wexham Court PC.

 The Locum Clerk, Mr Holder, said that at the heart of the case was Slough BC’s view that even though a majority of local voters were against abolition, as was the result following the local poll of voters, nonetheless if there were a sizeable number of voters, although a minority of those polled, then if Slough BC thought it was justified in abolishing the parish council, it could do so. The judge had made it clear that that was wrong and that the defendant, Slough BC, could not lawfully make the Abolition Order  Mr Holder quoted from Mr Justice Lewis who stated:-

The defendant misinterpreted paragraph 120 of the Guidance and, as a result, erred in concluding that its decision to make the Order was consistent with the Guidance. In those circumstances, as the decision to make the Order was materially influenced by that legal error, the Order must be quashed. For that reason, these two claims for judicial review succeed.

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