Report by Chief Executive (attached).

Council considered a report by the Chief Executive (circulated previously) regarding a request for Waiver of the six month Councillor Attendance Rule.

The Chief Executive advised that Section 85 (1) of the Local Government Act 1972 stated that: ‘if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority’.

He explained that both Councillors Neil Denton and Liz Spear had been unable to attend meetings recently and the purpose of this report was to seek approval from Council to approve their continuing absence, which might exceed six consecutive months, due to ill health.

He drew the Member’s attention to the following points within the report:

·       Councillor Neil Denton had been unable to attend Council meetings recently on ill health grounds. The last meeting that Councillor Denton attended was Licensing and Community Safety Committee on 10^th September 2024. The six consecutive months were due to expire on 10^th March 2025.

·       A formal request had been made for an extension to the six month rule by a further three months i.e. until 10 June 2025 to be approved to enable Councillor Denton to remain in office until he is able to resume normal duties.

·       Councillor Liz Spear had been unable to attend Council meetings recently on ill health grounds. The last meeting that Councillor Spear attended was Policy Development Committee on 18 July 2024. The six consecutive months were due to expire on 18^th January 2025.

·       A formal request had been made for an extension to the six month rule by a further three months i.e. until 18^th April 2025 to be approved to enable Councillor Spear to remain in office until she is able to resume normal duties.

·       Section 85 (1) of the Local Government Act enabled 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 was given by the Authority before the expiry of the six month period.

·       The extension would give flexibility and would not prevent Councillors Neil Denton and Liz Spear from returning and attending meetings at any time before the end of the further three month extension to the six month rule.

·       Once a 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.

It was moved by Councillor Prowse and seconded by Councillor Biedrman that the recommendations be approved.

RESOLVED:

a)    That Councillor Neil Denton’s non-attendance at meetings of the authority due to ill health be extended for a further three month period up to 10 June 2025 pursuant to Section 85 (1) of the Local Government Act 1972 be approved; and

b)    That Councillor Liz Spear’s non-attendance at meetings of the authority due to ill health be extended for a further three month period up to 18 April 2025 pursuant to Section 85 (1) of the Local Government Act 1972 be approved.

Council wished both Members well during their respective recoveries.

Councillor Prowse thanked both Members and officers on behalf of Councillors Spear and Denton for all of their kind messages.