Agenda item

Section 85 (1) of the Local Government Act 1972 states that “if a Member of a Local Authority fails, throughout a period of six consecutive months from the date of their last attendance, to attend any meeting of the Authority they will, unless the failure was due to some good reason approved by the Authority before the expiry of that period, cease to be a member of the Authority.”

The Council is recommended to waive the legal requirement, set out above, in relation to Cllr Thierry, on the good reason of ill health grounds, to prevent him being automatically disqualified as a councillor for not attending council meetings for a period of six consecutive months from the date of his last attendance.

RECOMMENDED:

That, having regard to the current ill health of Cllr Thierry, and in accordance with Section 85 (1) of the Local Government Act 1972, the requirement for Cllr Thierry to attend any meeting of the authority, be waived until the Council’s Annual Meeting on 18 May 2026.

For the avoidance of doubt, the next meeting that Cllr Thierry must attend to satisfy the requirements of the legislation, in the event that he is unable to attend a meeting prior, is the Council’s Annual Meeting on 18 May 2026.

Cllr Cleary moved the motion set out on the Council agenda which recommended that the legal requirement be waived, in relation to Cllr Thierry on the grounds of ill health, to prevent him being automatically disqualified as a councillor not attending council meetings for a period of six consecutive months from the date of his last attendance.  This was until 18 May 2026.

Cllr S Davies seconded the motion.

Cllr J Davies proposed an amendment to the motion to reduce the timeframe for Cllr Thierry’s attendance to the Full Council meeting on 15 December 2025.  Cllr Haywood seconded the amendment.

Cllr J Davies spoke to the amendment recognising that it was a very difficult situation and that a balance needed to be struck between providing support to Cllr Thierry to recover but also ensuing local residents were represented in his ward.   Cllr J Davies felt that a dispensation for one year was too long, and that any member who could not attend a meeting for a prolonged period of time should consider stepping down in order to allow someone else to be elected.

A number of members across the Council wished Cllr Thierry well in his recovery.  It was highlighted and accepted by members that Cllr Thierry had been conducting case work for his local constituents, sometimes from his hospital bed and therefore his ability to carry out case work was not in question.

Members who spoke in support of the amendment, felt that a dispensation for a shorter period of time would allow the situation to reviewed earlier and that local residents deserved to have their ward member participating in meetings in order to represent them.  It was highlighted that the rule in relation to attendance had been put in place to ensure accountability and to protect the integrity of local democracy.  It was highlighted that a similar approach to Cllr Thierry’s meeting attendance had not been taken by Hampshire County Council.  It was felt that a precedent would be set if a timely limit on attendance was not set. 

Members who spoke in objection to the amendment reported that Cllr Thierry continued to be active in the local community and in his role as a ward councillor.  The ability for him to attend meetings was difficult due to his mobility and his ability to drive.  Cllr Thierry was a long standing member on the District Council and it was felt he deserved to have a dispensation for one year, to allow his health to improve.  This was a practical solution which would remove the administrative burden of reviewing it should a shorter time period be agreed.

Upon being put to the vote the amendment was lost.

Before voting on the substantive motion, a councillor requested that the best wishes of the Council for a speedy recovery be passed onto Cllr Thierry.

RESOLVED:

That having regard to the current ill health of Cllr Thierry, and in accordance with Section 85 (1) of the Local Government Act 1972, the requirement for Cllr Thierry to attend any meeting of the authority, be waived until the Council’s Annual Meeting on 18 May 2026.

For the avoidance of doubt, the next meeting that Cllr Thierry must attend to satisfy the requirements of the legislation, in the event that he is unable to attend a meeting prior, is the Council’s Annual Meeting on 18 May 2026.