Local authority to appeal after High Court quashes abolition of parish council

A local authority has vowed to appeal a High Court judgment that quashed its decision to abolish a parish council.

Stockport Metropolitan Borough Council had received two petitions in April 2010, signed by 348 residents, that called for Offerton Park Parish Council to be abolished “as soon as possible”.

The parish was created in 2001 and covers a housing estate built in the late 1960s. There are around 2,500 electors.

The petitions triggered a community governance review. As part of this, Stockport launched a consultation, which first asked about the future of the parish. Almost 75% of the 335 responses favoured abolition.

The local authority then asked the same question in relation to the parish council. Some 412 residents out of the 619 who responded (66%) voted in favour of abolition.

The parish council conducted its own poll, which also found a majority of residents backing abolition.

The community governance review came to the conclusion that a majority of residents favoured getting rid of the parish council. Stockport then passed a resolution confirming this decision.

But the parish council launched judicial review proceedings at the High Court in March this year, arguing that the large majority of electors had not expressed a view one way or the other. It also claimed that the consultation was flawed.

Government guidance issued in 2010 requires there to be "clear and sustained local support" for the abolition of parishes, which is governed by the Local Government and Public Involvement in Health Act 2007.

Judge Philip Raynor QC ruled in the High Court at Manchester that Stockport’s conclusion was irrational and that it had acted unlawfully in failing to have regard to the fact that most residents had not expressed a view in favour of abolition or retention.

He said: "The result of the consultation exercises indicate to my mind that the majority of residents held no strong view either way.

"I am not satisfied that there was any rational basis for the view that the public generally, as opposed to a section of it, wished to see the parish council,or the parish abolished."

However, the judge rejected criticism of the consultation.

Eamonn Boylan, Stockport’s Chief Executive, said: “We will be issuing instructions to appeal against this judgement. The judgement has found no fault with the consultation. In every formal consultation exercise the majority of responses did not want the parish council to continue.

“The Council has always acted in good faith and at all times in accordance with the clearly expressed desire of those responding to the consultation.”

Jeff Lewis, Commercial Litigation Partner at Brabners Chaffe Street and adviser to the parish council, said: “There were no grounds for Stockport MBC's view that the public generally favoured abolition, and we are pleased that the valuable services which the Parish Council provides can continue.”

Cllr Eddie Gallacher, Chair of Offerton Park Parish Council, added: “It is a pity that it had to get to court. I only hope that Stockport Council will now start to talk to the Parish Council rather than dictating. There is no majority support for abolition and that is a clear fact.”