High Court affirms right of parish meeting to demand poll

In an important ruling at the High Court on the 6th March 2009 Mr Justice Irwin upheld the right of Letchworth Garden City Parish Meeting to debate the way in which a local charity was governed and to demand a parish poll on the subject.

On the 12th March 2008 the parish meeting discussed whether the Letchworth Garden City Heritage Foundation should be placed under the control of elected representatives. During the meeting 13 electors exercised their right pursuant to Schedule 12 of the Local Government Act 1972 to demand a poll on the following question:

“Should the Letchworth Garden City Heritage Foundation be placed under the control of elected representatives by replacing the current structure of Governors and Directors with a board of 12 people to be elected every 4 years by the resident electorate of Letchworth Garden City as listed in the electoral register?”

When the Chairman of the parish meeting notified the North Hertfordshire District Council that a poll had been demanded the Foundation commenced judicial review proceedings seeking an injunction to prevent the poll taking place and an order that the demand be quashed on the basis that the parish meeting did not have the power to discuss the governance of the Foundation or the power to demand a poll in respect of it.

The case turned on the meaning of “parish affairs” found in Section 9 of the 1972 Act. Relying on comments made by Charles Arnold-Baker in Local Council Administration the Foundation claimed that an issue was only a “parish affair” if it related to the policies or activities of public authorities and public bodies. Dismissing the Foundation’s claim Mr Justice Irwin held that the Foundation played a significant role in Letchworth Garden City and the discussion and poll in respect of it had been lawful.

COMMENT

This case is important because it is the first time the meaning of the phrase “parish affairs” has been considered since it was first introduced into the Local Government Act 1894. It opens the door for parish meetings to discuss matters of local interest whether such matters relate to public matters or not.

Jonathan Wragg of Highgate Chambers appeared on behalf of the Chairman of the Letchworth Garden City Parish Meeting and the Letchworth Garden City Parish Council.

A full copy of the judgement in this case can be found here.