Issue details

Claim Against the Council

Summary

This exempt report will ask the Leader, using urgency powers, to authorise the Chief Legal Officer to settle a claim against the Council.

 

Access to Information

The report together with any other documents being considered (unless they contain exempt information) would ordinarily be available for inspection 5 clear days before the decision is taken by the Cabinet. Copies are available on the Council's website or requested from Democratic Services Medway Council, Gun Wharf, Dock Road, Chatham, Kent, ME4 4TR or email democratic.services@medway.gov.uk If you wish to submit information to the Cabinet about the item please also contact Democratic Services.

 

It is noted that the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 requires 28 clear days’ notice of the intention to make a key decision.

 

On this occasion it has not been possible to provide 28 clear days’ notice, nor 5 clear days’ notice, therefore Section 11 (Cases of special urgency) of the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 and Rule 17 (Special urgency) of the Council’s Access to Information Rules, as set out in the Constitution, have been complied with. The Chairman of the Business Support Overview and Scrutiny Committee has agreed that consideration of this report is urgent and cannot be reasonably deferred until the next Cabinet meeting on 7 July 2020 because the claimant has issued High Court proceedings against the Council which is subject to strict timescales.

 

Notice of Intention to Conduct Business in Private

This report will contain some information which the Cabinet may decide to consider in private. This is because, in the view of the Proper Officer, consideration of the information in public would give rise to the disclosure of exempt information as described in paragraphs 3 and 5 of Schedule 12A of the Local Government Act 1972 - information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. Should you wish to make any representation for the discussion of this item to be held in public, you should contact: Democratic Services, Medway Council, Gun Wharf, Dock Road, Chatham, Kent, ME4 4TR or email democratic.services@medway.gov.uk

  

It is noted that the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 requires 28 clear days’ notice of a Cabinet meeting to be held in private. On this occasion it has not been possible to provide this 28 clear days’ notice, therefore Section 5 (Procedures prior to private meetings) and Rule 13 (Procedure prior to a private meeting of the Cabinet) of the Council’s Access to Information Rules, as set out in the Constitution, have been complied with. The Chairman of the Business Support Overview and Scrutiny Committee has agreed that consideration of this report is urgent and cannot be reasonably deferred until the next Cabinet meeting on 7 July 2020 because the claimant has issued High Court proceedings against the Council which is subject to strict timescales.

Decision type: Key

Decision status: For Determination

Notice of proposed decision first published: 22/06/2020

Decision due: 22 Jun 2020 by Cabinet

Lead member: Councillor Alan Jarrett, Leader of the Council alan.jarrett@medway.gov.uk, Councillor Adrian Gulvin, Portfolio Holder for Resources adrian.gulvin@medway.gov.uk

Lead director: Perry Holmes

Department: Business Support Department

Contact: Perry Holmes, Chief Legal Officer/Monitoring Officer Email: perry.holmes@medway.gov.uk Tel: (01634) 332133.

Relevant Overview and Scrutiny Committee:: Business Support

Agenda items