Our Next Steps
Our response to a stern letter from the Council's legal representatives
As we shared last week, the Council’s appointed legal representatives, Weightmans LLP, replied to our Pre Action Protocol Letter that formally set out our concerns regarding the disposal of the Shay. The response was for us both disappointing and in some aspects surprising.
Our disappointment centers around the fact that Weightman’s reply doesn’t address the points that we raised. It in effect maintained the Council’s position, pressed us to withdraw our objections, refused the opportunity for mediation and provided us with no further information in relation to specific questions that we posed and requests that we made.
We were also surprised by the tone of the letter. It included a very strong repeating, opening focus on the potential for individuals within Friends of the Shay to be personally financially liable for significant legal costs as a result of pursuing this matter through a Judicial Review. This didn’t feel like the sort of tone that concerned residents volunteering to be part of a community group should expect from representatives of their Local Authority when speaking up.
Importantly, we remain confident in our stance that the Council has not fulfilled it’s statutory requirements in the way it has managed the proposed disposal of the Shay. Glaring failures in the consultation process, alongside the absence of an Equality Impact Assessment and multiple gaps in relation to financial information are all serious issues which point to bias for a preferred bidder. Add to this the Council’s repeated refusal to engage directly with the issues we raise. This feels to further compound the assertions we make regarding Council conduct.
We are in the process of drafting a response to the letter, which clarifies further our position with the addition of new information obtained through the Freedom of Information Act. At the same time we are engaging with a specialist legal counsel who will review our case and provide definitive advice on our next steps.