Letter Before Claim
Proposed claim for judicial review
1) To:
Fiona Johnstone
Wallasey Town Hall
Wallasey
Wirral
CH44 8ED
and
Mr. Surjit Tour
Dept of Law, HR and Asset Management
Wallasey Town Hall
Wallasey
Wirral
CH44 8ED
2) The Claimants
Mr. John Brace and
Mrs. Leonora Brace
both at
Jenmaleo
134 Boundary Road
Bidston
Wirral
CH43 7PH
3) Reference details: Improvement Board
4) Details of the matter being challenged:A) Failure to publish agenda of Improvement Board meeting of 19th October
2012 by Wirral Council by 11th October 2012 (5 working days prior to
meeting)
B) Failure to publish complete agenda of Improvement Board meeting of 19th
October 2012 by 19th October 2012
C) Failure to supply copy of agenda and associated reports upon request on
the 19th October 2012
D) Unlawful exclusion of public from meeting during agenda item 3 on the 19th
October 2012 for approximately twelve minutes
E) Unlawful exclusion of the press and public for agenda items 4 onwards on
the 19th October 2012
F) Failure to agree agenda items 1, 2 and 3 as urgent items.
G) Failure to agree all other agenda items 4 onwards as urgent items.
H) Breach of human rights in disallowing questions by insisting on the 15th
October 2012 that they are submitted by the 10th October 2012.
4
The details of the matter being challenged
The Claimants, Mr. John Brace and Mrs. Leonora Brace attended the Wirral Council/LGA Improvement Board
meeting starting at 2pm in Committee Room 1 on the 19th October 2012 in Committee Room 1, Wallasey Town
Hall, Wallasey, Wirral, CH44 8ED.
A) The agenda for this public meeting was not published on Wirral Council's website by the statutory deadline of
Thursday 11th October 2012. A partial agenda (covering only the first three items) was published on Monday 15 th
October 2012 (4 days late).
B) The reports for this public meeting were not published on Wirral Council's website by the statutory deadline
of Thursday 11th October 2012. A four page report for agenda item 2 was published on Monday 15 th October 2012
(4 days late).
C) A copy of the agenda was requested by John Brace of the Chair Joyce Redfearn before the meeting started. A
copy of the reports were requested by John Brace of the Chair Joyce Redfearn prior to the meeting starting. An
agenda was not supplied. A report (after the meeting had started) was supplied in relation to agenda item 2, but
not in relation to any of the other agenda items.
D) The meeting continued after agenda item 3, but the Chair asked the press and public to leave at 2.19pm
without lawful authority to do so as the meeting had not finished yet.
E) The public and press were therefore unlawfully excluded from all agenda items except 1-3.
F) Items 1-3 were late items, however there was no reason agreed as to why they should be proceeded with.
They were however proceeded with.
G) Items 4 onwards were not agreed as late items as the agenda and reports on these items had not been
published prior to the meeting.
H) The public's human rights to ask questions at the meeting was breached because the public were told on 15th
October 2012 that people email questions by the 10 th October 2012 and the Chair wouldn't allow questions to be
asked at the meeting itself on the 19th October 2012.
In relation to agenda items 1-3 a note was published on the 15th October 2012 (4 days late) as follows:“The LGA Wirral Improvement Board on Friday 19 October is open to the public between 2pm and
2.30pm. Members of the public who wish to raise questions for the Board were asked to submit these to
the Chair by 9am on Wednesday 10 October 2012. The Chair will seek to respond to questions raised in
the meeting on the 19 October. All questions and responses will be published on the meeting website. If
you have a question you wish to raise please e-mail this to
improvementboard@wirral.gov.uk.”
Therefore members of the public were being told to submit their questions on the 15th October 2012 by 9am on
the 10th October 2012. This was clearly impossible. This is why no questions were submitted in advance of the
meeting.
Mr. John Brace, Mrs. Leonora Brace and the many other members of the public were also denied the opportunity
to ask questions at the meeting itself (not tabled in advance). The rules were once again changed (contradicted
sentence 3 of the note) on the day of the meeting (seemingly unilaterally by the Chair) on 19 th October 2012 to
prevent questions being asked at the meeting itself. The human rights of John Brace, Leonora Brace and others
present who wanted to ask questions were breached.
Mr. John Brace tried to solve the above issues through negotiations with the Chair Joyce Redfearn, before,
during and after the meeting. However he was asked to leave by Fiona Johnstone (a Wirral Council employee)
after agenda item 3, but delayed from doing so by Cllr. Tom Harney who was blocking his way.
5
The issue
The issue is outlined at 4 but relates to various alleged breaches of the Local Government Act 1972 c. 70, Public
Bodies (Admission to Meetings) Act 1960 c. 67 , The Local Authorities (Executive Arrangements) (Meetings and
Access to Information) (England) Regulations 2012, Human Rights Act 1998 c.42, Public Meeting Act
1908 and possibly other legislation too not outlined here.
A)
6
The details of the action that the defendant is expected to take
1) To publish the agenda and associated reports for the meeting of the 19th October 2012 on its website
(http://www.wirral.gov.uk) and to advise the Claimants of the web address.
2) If 1) is not done then to either:a) send the Claimants a paper (or electronic) copy of the agenda and associated reports of the meeting of the
19th October 2012 or
or
b) arrange for the Claimants to pick up a paper copy of the agenda and associated reports at the Claimant's
premises.
3) To rehold the meeting of the 19th October 2012 and to advise the Claimants prior to the meeting of the date,
time and place.
4) To publish the documents relating to the re held meeting at least 5 working days in advance of the meeting.
5) To either
a) allow questions to be asked at the reheld meeting
and
b) to advise the public of the deadline for submitting questions before the deadline has passed (including all
public present at the meeting of the 19th October 2012 and the two prior public meetings of the Improvement
Board)
6) To publish the full agenda and asssociated reports of the reheld meeting 5 working days prior to the meeting
being held.
7
The details of the legal advisers, if any, dealing with this claim
Level 80
Jenmaleo
134 Boundary Road
Bidston
Wirral
CH43 7PH
8
The details of any interested parties
Joyce Redfearn of Local Government House, Smith Square, London, SW1P 3HZ
info@local.gov.uk
Mark Delap of Wallasey
Town Hall, Wallasey, Wirral, CH44 8ED
markdelap@wirral.gov.uk
Cllr Tom Harney of 53 Woodyear Road, Bromborough, WIRRAL, CH62 6AZ
tomharney@wirral.gov.uk
9
The details of any information sought
The full agenda of the Improvement Board meeting of the 19th October 2012
The reports (except for the report for agenda item 2) of the Improvement Board meeting of the 19 th October 2012.
Contact details for Board Members (mailing address and email address (if available)).
10
The details of any documents that are considered relevant and necessary
The full agenda of the Improvement Board meeting of the 19th October 2012
The reports (except for the report for agenda item 2) of the Improvement Board meeting of the 19 th
October 2012.
Contact details for Board Members (mailing address and email address (if available)).
11
The address for reply and service of court documents
Level 80
1st Floor
Jenmaleo
134 Boundary Road
Bidston
Wirral
CH43 7PH
12
Proposed reply date
2nd November 2012