Since the report on Post 16 education was published last week, it is understood that some Councillors have called into question the legal advice on which the report is based. Whilst the legal advice the Council has received might not accord with legal advice that others have received, that does not mean that the Council’s advice is incorrect.
However, as there now appears to be a public perception that the Council’s legal advice is being called into question by Members of the Council, we are seeking Counsel’s (legal) opinion. Officers have no legitimate reason to question the legal advice but given the public perception there now appears to be, it is considered appropriate to do this. In part this is because of the need to be mindful of the principles of local authority decision making and the need to demonstrably show that Members, as the decision makers, have before them the information they need to inform their decision. The report currently does that, but we need to address the apparent lack of confidence in the advice.
Therefore, the Chairman, in consultation with the Monitoring Officer, has decided the only reasonable course of action whilst awaiting Counsel’s opinion is (in accordance with Standing Order 7.2(i)) to defer the Post 16 Education report (agenda item 22) scheduled for the meeting of Full Council today (30 July 2024) to a future meeting of Full Council. This is disappointing for all those involved but the Council must ensure it follows the principles of decision making. Until the Council makes a decision on the report, the status quo remains.