Issue details

Summary

This report will set out details in relation to a legal claim against Medway Council and ask the Cabinet to agree a course of action.

Access to Information

The report together with any other documents being considered (unless they contain exempt information) will 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 practicable to provide this 28 clear days’ notice and therefore Section 10 (general exception) of the above regulations have been complied with. It was not possible to include this report on the Forward Plan with 28 days’ notice as the claim and settlement agreement had not come to light early enough to allow the 28 days notice to be given.

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).

- 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. The Vice-Chairman of the Children and Young People Overview and Scrutiny Committee has agreed, in accordance with Section 5 (procedures prior to private meetings) of the above regulations, that this matter is both urgent and cannot be reasonably deferred until the next Cabinet meeting on 10 May 2022 as payment of the proposed settlement needs to be made as soon as possible as any delay could put the Council at risk of further legal challenge and incurring additional costs. A final decision on whether this item will be determined in private will be taken during the meeting.